College Recruiting Central Terms and Conditions of Use

1.         User's Acknowledgment and Acceptance of Terms

Stormflurry, Inc., a Connecticut corporation, (hereinafter referred to as “us” or “we”) provides the CollegeRecruitingCentral.com site and various related services (together referred to as this “site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company).  In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use.  All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.  YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of November 22, 2006.  We reserve the right to change these Terms of Use from time to time without notice to you.  You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications.  Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

By registering for a coach’s account, you must be a NCAA Division I, II, or III or other college athletic association head coach, assistant coach and/or official collegiate recruiter. By registering untruthfully as a coach, you can and will be held liable for your actions and the consequences.  Only actual collegiate athletic coaches are permitted to register for coach accounts.

By registering as an athlete, you must in fact be a high school athlete or college student who is looking to transfer to another university as a NCAA athlete.

Both coaches and athletes agree to only post accurate, truthful information in their accounts. Stormflurry, Inc. is not responsible for any misrepresentation by either an athlete, his or her family, or a coach or school.

2.         Description of Services 

We make various services available on this site including, but not limited allowing athletes and coaches to create profiles containing information pertaining to the process of recruiting athletes to play college or university sports.  It is free to post information about yourself, your team, your school, or other athletic related program information.  For students and athletes it is free to search and browse all information regarding schools, teams, coaches, and athletic programs.  For coaches, players, and university alumnae it is free to browse and post all college athletics and team information.  For coaches only, browsing athletic information is a subscription service.  Subscriptions are billed monthly or yearly by credit card, Automated Clearing House (ACH), or Paypal.  Fees for the various services are set out in the membership and service fees described elsewhere in this site. 

You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you.  We shall not be liable to you or any third party should we exercise such right.  Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes.  Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events.  You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided  “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

We make no representation, warrantee, or guarantee regarding the user’s success in using our services.

3.         Registration Data and Privacy 

In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required.  By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you.  The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

4.         Payment of Fees 

If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service, including applicable taxes. For all charges for services on this site, we will bill your credit card.  Recurring charges are billed in advance of service.  You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within ten (10) days of the change.

If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us.  We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including reasonable attorneys’ fees and other legal expenses.

Billing Policy: Subscriptions are billed monthly or yearly by credit card, Automated Clearing House (ACH), or Paypal.  All subscriptions are billed in advance of use.  All monthly subscription are billed on the 1st (for new subscriptions) then each 28th day of the subscription period.  All yearly subscriptions are billed on 1st then each subsequent 360th day of the subscription period.

Cancellation Policy:  You may discontinue your paid services at any time by logging into their online account and selecting to pause services in your billing information.

Refund Policy:  To receive a refund you must cancel your subscription no more than three (3) days after being billed.  Additionally, if you are a yearly subscriber, you may cancel your subscription between four (4) and thirty (30) days after being billed and will receive a pro-rated refund equal to 11/12 of your subscription cost.  No refund is due if you are a monthly subscriber after three (3) days and no refund is due if you are a yearly subscriber after thirty (30) days.

5.         Conduct on Site 

Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:

1.         Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

2.         Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

3.         Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

4.         Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

5.         Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

6.         Impersonates any person or entity, including any of our employees or representatives;

7.         Solicits passwords or personal identifying information for commercial or unlawful purposes from others;

8.         Using this site in a manner inconsistent with any and all applicable laws and regulations;

9.         Constitutes a criminal offense, gives rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation; or

9.         Disrupts, overwhelms, attacks, modifies or interferes with this site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of this site. You further agree not to alter or tamper with any information or materials on or associated with this site.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site.  We do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site.  However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate.  We are not responsible for any failure or delay in removing such content.  You hereby consent to such removal and waive any claim against us arising out of such removal of content.  See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. You agree to use this site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.  Not all areas of the site may be available to you or other authorized users of the site.  You shall not interfere with anyone else's use and enjoyment of the site or other similar services.  Users who violate systems or network security may incur criminal or civil liability.

You also agree not to solicit users of CollegeRecruitingCentral.com, either coaches or athletes, and understand that such behavior is strictly prohibited.  Legal action will be taken against any and all persons or companies soliciting users of CollegeRecruitingCentral.com.

You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions.  In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

6.         Third Party Sites and Information 

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties.  These sites may contain information or material that some people may find inappropriate or offensive.  These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.  The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.  You acknowledge that Stormflurry, Inc. has not reviewed and does not endorse the content of all sites linked to from this site and is not responsible for the content or actions of any other sites linked to from this site. Your linking to any service or site is at your sole risk.

7.         Intellectual Property Information 

Copyright © 2006 Stormflurry, Inc.  All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site.  This includes, but is in no way limited to, message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Stormflurry, Inc. and/or its Affiliates.  You are only permitted to use the content as expressly authorized by us or the specific content provider.  Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site.  Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.  All other trademarks or service marks are property of their respective owners.  Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Stormflurry, Inc. or its Affiliates.

8.         Proprietary Rights in Content

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary.  While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same.  If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately.  Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

CollegeRecruitingCentral.Com
Stormflurry, Inc.
P.O. Box 1213
Middletown, CT 06457
Telephone: 860-344-8624
Facsimile:  267-821-5445

Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

9.         Disclaimer of Warranties 

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Before purchasing products and/or services on or through this site, review our Disclaimer and Limitation of Liability below.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Stormflurry, Inc.  We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Stormflurry, Inc. spokesperson speaking in his/her official capacity.  Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

In addition, the materials on this site may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items (“Forms”).  These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting or other professional advice.  Under no circumstances will Stormflurry, Inc. or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site, including your use of any of the Forms.  It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this site.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10.       Limitation of Liability 

Stormflurry, Inc. is not responsible for the actions of those users (both coaches and athletes) who do not abide by NCAA regulations. Stormflurry, Inc. is in no way affiliated with the NCAA.  All users are responsible for their own actions.  All users are responsible for knowing the NCAA’s rules, regulations, and laws.  All users are responsible for abiding by the NCAA’s rules, regulations and laws. Neither CollegeRecrutingCentral.com or Stormflurry, Inc. is responsible for coaches and/or athletes who violate NCAA or specific sport governing body rules and regulations. Violators are subject to account termination. Stormflurry, Inc. does not promote any violations of NCAA or specific sport governing body rules or regulations.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree that Stormflurry, Inc. and its Affiliates are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these Terms of Use.

11.       Disclaimer and Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK.  ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THIS SITE AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THIS SITE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

WE DO NOT ACCEPT LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE.  IN NO EVENT SHALL STORMFLURRY, INC. OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

12.       Indemnification 

You agree to indemnify Stormflurry, Inc. and its Affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys’ fees) which may arise from your submissions, from your unauthorized use of material obtained through this site, or from your breach of these Terms of Use, or from any such acts through your use of this site.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13.       Participation in Promotions 

From time to time, this site may include advertisements offered by third parties.  You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site.  Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

14.       Use of Site and Storage of Material 

You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time.  You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site.  You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time.  You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

We provide storage space and access for material through our site. For purposes of these Terms of Use, “material” refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.  You may not use this site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “Your Conduct on the Site” above.  We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios.  However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service.  We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility.  Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility.  You should preserve backup copies of any digital data, information or other materials that you have uploaded.  You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.

15.       Security and Password 

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account.  Therefore, you must take steps to ensure that others do not gain access to your password and account.  You may not sub-license, transfer, sell or assign your account.  Any attempt to do so will be null and void and shall be considered a material breach of these Terms of Use.  We reserve the right to immediately terminate your account in the event of any unauthorized use thereof.

You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account information, with or without authorization, or who has access to any computer on which your account resides or is accessible.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account information or any credit, debit or charge card number stored on this site), you must promptly change the affected account information by using the appropriate update mechanism on this site, if available, or notify our Privacy Compliance Officer as described in our Privacy Policy.

16.       International Use 

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.  Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

17.       Termination of Use 

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use.  Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site.  We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.  The sections of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

18.       Governing Law 

This site (excluding any linked sites) is controlled by us from our offices within the State of Connecticut, United States of America.  It can be accessed from all 50 states, as well as from other countries around the world.  As each of these places has laws that may differ from those of the State of Connecticut, by accessing this site both of us agree that the statutes and laws of the State of Connecticut, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site.  Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Hartford County, State of Connecticut, United State of America and the United States Federal Court for the Hartford District of with respect to such matters.

We make no representation that the products and/or services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

19.       Notices 

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at Support@CollegeRecruitingCentral.com, if by email, or at Stormflurry, Inc., P.O. Box 1213, Middletown, CT 06457 if by conventional mail.  Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data.  In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

20.       Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.  These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us.  To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

21.       Miscellaneous 

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees.  Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any thing party, and any purported attempt to do so shall be null and void.  We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Stormflurry, Inc. hereby represents and warrants that this site complies with all regulations at issue promulgated by the NCAA.  You hereby represent, warrant and agree that you are familiar with those regulations applicable to your particular profile and situation and that by using this site, you comply with said regulations.  You understand that you are responsible to investigate and review the regulations applicable to your profile and situation prior to using this site.

The captions and headings used in these Terms of Use are for convenience only and in no way define or limit the scope, interpretation or content of these Terms of Use.

22.       Service, Support and Contact Information 

All requests for technical service and support with respect to the products and services available through our site should be made directly to the manufacturer in accordance with their terms and conditions as set forth in the manual and relating information accompanying their products.  Should you have any other questions or concerns, you should contact us at:

CollegeRecruitingCentral.Com
Stormflurry, Inc.
P.O. Box 1213
Middletown, CT 06457
Telephone: 860-344-8624
Facsimile:  267-821-5445
E-mail: Support@CollegeRecruitingCentral.com

We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Copyright © 2006 Stormflurry, Inc.  All Rights Reserved.

Last updated: November 22nd 2006

 

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