Athletes’ Terms & Conditions
Please read and review the Terms and Conditions below before you register.
Your registration as an Athlete at Qathlete, Inc.’s website, Qathlete.com (the “Website”), constitutes your agreement to be bound by these Terms & Conditions. If you do not accept these Terms & Conditions, you are not authorized to use this Website. Registration By registering at Qathlete.com, you agree that you are the athlete who is 18 years of age or older, and/or are the parent or legal guardian of a minor athlete who wants to join Qathlete.com. You consent to the posting of your information on the Website and agree that your information may be reviewed by Qathlete, Inc. staff and users who register with Qathlete.com as college coaches. You represent and warrant that all information you provide at Qathlete.com is current, complete and accurate. When you complete your Qathlete.com registration you will be required to pay the annual membership fee. After you have registered, Qathlete, Inc. will notify the parent or guardian and require the parent or guardian to complete a consent form. This form must be received by Qathlete.com within 7 business days of your registration. If it is not received within 7 business days, your membership application will be rejected. Membership transactions are not subject to refunds under any circumstances. You understand and acknowledge that membership at Qathlete.com does not promise, represent, warrant or guarantee that you will obtain a scholarship, financial aid, or be chosen to participate on a team by a college or university coach. Qathlete, Inc. reserves the right to refuse any membership registration, membership renewal, or profile update for any or no reason, in its sole and complete discretion. Member Account You are solely responsible for the protection of your username and password. You agree not to disclose your username and/or password to any third party. You are solely responsible for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You must immediately notify Qathlete, Inc. of any loss of or unauthorized use of your username and password. Termination of Membership Qathlete, Inc. may terminate your membership and your participation on the Website at any time for violations of these Terms & Conditions as determined by Qathlete, Inc. in its sole and complete discretion. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of your membership for all purposes. Limitations and Disclaimers QATHLETE, INC.DOES NOT PROMISE, REPRESENT, WARRANT OR GUARANTEE THAT YOU WILL OBTAIN A SCHOLARSHIP, FINANCIAL AID, OR BE CHOSEN TO PARTICIPATE ON A TEAM BY A COLLEGE OR UNIVERSITY COACH. QATHLETE, INC. IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY FOR, ANY ACTIONS TAKEN OR NOT TAKEN BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COLLEGE COACHES. THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON OR OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. USE OF THE SITE AND THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON OR OFFERED THROUGH THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QATHLETE, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNEES FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLED WARRANTIES FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. QATHLETE, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THE WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE WEBSITE OR FEATURES WILL MEET YOUR REQUIREMENTS OR WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE. QATHLETE, INC. WILL NOT, IN ANY EVENT, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY , INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY THEORY OF LAW, EVEN IF QATHLETE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QATHLETE, INC.’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR A MEMBER’S USE OF THE WEBSITE OR QATHLETE’S SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IS CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE FEES PAID WITHIN THE TWELVE MONTHS PRIOR TO THE ACTION. Indemnification. You agree to indemnify and hold Qathlete, Inc., its officers, directors, employees, shareholders, agents, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including attorneys’ fees) that arise directly or indirectly from: (a) your breach of any provision of these Terms & Conditions; or (b) your use of the Website or any of its features or services. Notices and Consent to Electronic Delivery of Notices You consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with these Terms & Conditions or your use of the Website and related services (collectively, “Notices”), electronically (e.g., email) from Qathlete, Inc. You agree that Qathlete, Inc. may send you electronic Notices (a) by email to an email address you provide or have provided to Qathlete.com and/or (b) by posting the Notices on a main page of Qathlete, Inc. or other webpage designated by Qathlete, Inc. for this purpose. You must check your designated email address regularly for Notices from Qathlete, Inc. The delivery of any Notice from Qathlete, Inc. is effective when sent (or posted) by Qathlete, Inc., regardless of whether it is received or rejected by your email system or you read the communication after you received it. Jurisdiction and Venue These Terms & Conditions shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action suit or proceeding arising out of or relating to these Terms & Conditions or your use of the Website. Miscellaneous These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Qathlete, Inc. without restriction. If any of these terms or conditions shall be deemed invalid or unenforceable for any reason, the remainder of these terms and conditions shall remain enforceable and unaffected thereby. In the event of a violation of these Terms & Conditions, Qathlete, Inc. reserves the right to seek all remedies available by law or in equity.
I have read the Terms & Conditions and agree to abide by them.