Terms of Service

Effective Date: 9/12/2024


‍These terms and conditions (the "Terms and Conditions") govern the use of ProspectGrid and all affiliated websites, as defined below. ProspectGrid is a recruiting platform for coaches and prospective athletes to use to connect regarding opportunities to play collegiately & professionally.

By accessing and using ProspectGrid.io (hereinafter the “Website”) you agree to be bound by the Terms and Conditions below. If you do not agree to any of the Terms and Conditions below, do not access these Websites. “Website” extends to all pages contained within the aforementioned domain.

Please read these terms of use carefully. By using this site, you indicate that you have read, understand, and agree to these Terms and Conditions.

Use and Changes of Information and Materials

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change at any time and without any notice by posting a revised Terms of Use on the Website. Any such revision will become effective immediately upon posting. Unauthorized use of the Website and systems including but not limited to unauthorized entry into the Website systems, misuse of passwords, or misuse of any information posted on the Website are strictly prohibited. Your eligibility for particular products and services is subject to final determination by ProspectGrid and its affiliates.

Age Restrictions and Limitations

The Websites are not directed at children, but children may access and browse the Websites without disclosing any personal information. The Websites do not knowingly collect personally identifiable information online from children who are under 13 years of age without guardian oversight. Please visit here for more information about protecting children’s online privacy.

Links

The Website may contain links to other websites controlled or offered by third-parties (non-affiliates of ProspectGrid). The Websites disclaim liability for, any information, materials, products, or services posted or offered at any of the third-party websites linked to the Websites. By providing any links to third-party websites, the Website does not endorse or recommend any products or services offered or information contained therein, nor are the Websites liable for any failure of products or services offered or advertised at those third-party websites. Such third-party websites may have a privacy policy different from the Website and the third-party website may provide less security than the Website.

No Warranty

The information and materials contained in the Website, including text, graphics, information, links, or other items are provided “as is”, “as available”. The Website does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed, or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given in conjunction with the information and materials.

Limitation of Liability

In no event will the Website be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website, any information received from the Website, any email distributed to any user or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if ProspectGrid and its affiliates, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Without limiting the generality of the foregoing, the liability of the Website if any, to any user of the Website shall not exceed the amount actually paid by such user in the preceding twelve months.

Payments

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Subscriptions

The Website may change the price for the paid subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the ProspectGrid subscription after the price change takes effect. If you do not agree with a price change, you retain the right to reject the change by canceling your ProspectGrid subscription prior to the price change going into effect.

Refunds

All ProspectGrid subscriptions, packages, products, and services are non-refundable.

Cancellation

Annual Subscription: Annual subscriptions automatically renew every year and can be canceled on the ProspectGrid website or can be canceled by contacting help@prospectgrid.io. ProspectGrid is not responsible for and will not refund subscriptions that automatically renew.

Monthly Subscription: Monthly subscriptions automatically renew every 30 days and can be canceled on the website or can be canceled by contacting help@prospectgrid.io. ProspectGrid is not responsible for and will not refund subscriptions that automatically renew.

Information Submissions

All information submitted to ProspectGrid via the Website shall be deemed and remain the property of ProspectGrid and ProspectGrid shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information provided to ProspectGrid through the Website. The Website shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the ProspectGrid entity having the direct client relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing the Websites responsibilities and obligations to clients in accordance with the Website Privacy Policy.

User-Generated Content

The Website may allow users to post, submit, publish, display, or transmit to other users or other persons, or otherwise provide (hereinafter, "Post"), content, videos, materials, or other data (collectively, “User Content”) on, to or through the Website. All User Content must comply with the Content Standards set out in these Terms of Service. Any User Content you Post through the Services will be considered non-confidential and non-proprietary, and you hereby grant the Websites a perpetual, nonexclusive, worldwide, irrevocable, royalty-free, assignable and sublicensable license to reproduce, perform, display, modify and otherwise use the User Content you Post for any lawful purpose.

User Content Standards

These content standards apply to any and all User Content. User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe copyright, or other intellectual property or other rights of any other person, or otherwise contain any content, materials, data, or other information that is not lawfully provided to us;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Service and our Privacy Policy;
  • Be likely to deceive any person;
  • Advocate, promote, or assist any unlawful activity;
  • Be likely to upset, embarrass, alarm, or annoy any other person;
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization; or
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;

Copyright Compliance

We will respond to notices of alleged copyright infringement that comply with applicable law. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from the Websites by submitting written notification to our copyright agent designated below. To be valid in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include each of the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices can be reached at help@prospectgrid.io. If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Availability of Services

The Websites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

Acceptable Use and Limitations

Only one individual may access the Website at the same time using the same email or password. The Website reserves the right, at our sole discretion, to immediately revoke your account for scraping jobs, copying copyrighted text, or otherwise misusing or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third-party site. The use of automated programming on the Website including but not limited to the use of a script to apply to jobs or to communicate with recruiters (e.g. the use of bots to send emails through the Websites' user database), is contrary to the nature of our services and not permitted. In addition to the foregoing, you agree that you may not use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
  • To transmit, or procure the sending of, any mass advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation, including mass indexing of players for the sole purpose of obtaining personal information to be used for promotional purposes
  • To impersonate or attempt to impersonate another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with such person or entity)

Accounts

When you create an account on the Website, you agree to the following:

  • You must supply and maintain a valid and verified email address to use this service. Invalid email addresses and those that have not been verified through the verification email sent upon sign-up will be deleted from our system and you will be denied access to the Websites.
  • To use this platform for the sole purpose of activity related to athletic recruiting and networking.
  • You are solely responsible for your account and its security and privacy, including passwords or sensitive information attached to that account.
  • All personal information you provide us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using the Websites illegally or if you violate any of the Terms and Conditions.

Additional Terms

Certain sections or pages on the Website may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Governing Law

Use of the Websites shall be governed by all applicable Federal laws of Canada and the laws of the Province of Ontario, without regard to its conflict of law provisions.

Transferability

The Website may freely transfer all or any portion of their rights under this Agreement without notice.

Consumer Protection Law

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Indemnity

Except where prohibited by law, by using the Website you indemnify and hold harmless ProspectGrid and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Websites or your violation of these Terms and Conditions.