Coaches’ Terms & Conditions
Please read and review the Terms and Conditions below before you register.
Your registration at Qathlete, Inc.’s website, Qathlete.com (this “Website”), as a College Coach constitutes your agreement to be bound by these Terms & Conditions, as they may be modified by us at any time without prior notice and posted on this Website. For this reason, we encourage you to review these Terms & Conditions whenever you use Qathlete.com. If you do not accept these Terms & Conditions, you are not authorized to use this Website. By registering as a College Coach at Qathlete.com, you represent and warrant that you are in fact currently employed as a varsity sport college coach at the university, college or other educational institution listed in your registration information. As part of the registration and verification process, we require you to provide your university email address. Qathlete, Inc. reserves the right to refuse any College Coach membership registration, membership renewal or profile updates for any or no reason, in its sole and complete discretion. 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. Permitted Uses You may use this Website only for your academic institution’s athlete recruiting purposes. ALL ATHLETE INFORMATION MAY ONLY BE USED IN THE PROCESS OF RECRUITING AND CANNOT BE USED FOR ANY OTHER PURPOSE NOR SHARED WITH OR DISCLOSED TO ANYONE NOT INVOLVED IN YOUR INSTITUTION’S RECRUITING OR ADMISSION PROCESS. This information may be copied only for College Coaches’ professional use, and may not be used for any personal or commercial purposes. This information may not be reproduced for any other use except with the written permission of Qathlete, Inc. NCAA Requirements You are solely responsible for complying with the rules and regulations of the National Collegiate Athletic Association (“NCAA”) and your institution regarding recruitment of athletes. Nothing in this Website is intended to substitute for a reading of the NCAA rules and regulations themselves. Termination of Account Qathlete, Inc. may terminate your account 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 account for all purposes. Limitations and Disclaimers 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 DIRECT, 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. 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, Inc. and/or (b) by posting the Notices on a main page of Qathlete.com 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.