Mid-State Sports Recruiting, Inc. User Agreement Acceptance of Agreement You accept this Agreement by using the Web site located at www.mid-statesports.com (the “Web Site”). High School Coaches By accepting this Agreement, you authorize Mid-State Sports Recruiting to publish and provide player information and statistics for the purpose of recruiting and promoting student-athletes to colleges and university athletic programs. Where services provided by Mid-State Sports Recruiting call for you to open an account or subscription, you agree to complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will be assigned a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your user name. You and one assistant within your organization may use your password and user name. Any other users must obtain additional passwords and user names from Mid-State Sports Recruiting. You also represent that information provided through your coaching staff or department is true and accurate. You understand that any duplication, copying, transfer or sharing of information with any third party other than your school or institution without express written consent from Mid-State Sports Recruiting is not permitted. Any information received by you from this Web Site may be used for the internal purposes of your school only. You represent and warrant that any information you provide to the Web Site does not contain information related to children under the age of 13. You represent and warrant that you have all necessary permissions and authorizations to submit information to the Web Site and that your submission of information complies with any and all applicable laws, rules and regulations. College Coaches, Scouts and Recruiting Coordinators By accepting this Agreement, you authorize Mid-State Sports Recruiting to provide players, parents and coaches with information concerning your athletic programs or direct them to appropriate college contacts. You also authorize the listing of your college name and team name as a subscriber to Mid-State Sports Recruiting and you represent that you have the authority to do so. You understand that the information provided will be used for the recruiting and promotion of student-athletes. Where services provided by Mid-State Sports Recruiting call for you to open an account or subscription, you agree to complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will be assigned a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are entirely responsible for any and all activities that occur under your user name. You and one assistant within your organization may use your password and user name. Any other users must obtain additional passwords and user names from Mid-State Sports Recruiting. You also represent that information provided through your coaching staff or department is true and accurate. You understand that any duplication, copying transfer or sharing of information with any third party other than your school or institution without express written consent from Mid-State Sports Recruiting is not permitted. Any information received by you from this Web Site may be used for the internal purposes of your business or institution only. You represent and warrant that you have all necessary permissions and authorizations to submit information to the Web Site and that your submission of information complies with any and all applicable laws, rules and regulations. Club Sports By accepting this Agreement, you authorize the listing of your club team as a subscriber to Mid-State Sports Recruiting. Where services provided by Mid-State Sports Recruiting call for you to open an account or subscription, you agree to complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will be assigned a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and user name. You and one assistant within your organization may use your password and user name. Any other users must obtain additional passwords and user names from Mid-State Sports Recruiting. You also represent that information provided through your organization is true and accurate. Furthermore, you are entirely responsible for any and all activities that occur under your account or subscription. You understand that any duplication, copying transfer or sharing of information to any third party other than your organization without the express writing consent from Mid-State Sports Recruiting is not permitted. Any information received by you from this Web Site may be used for the internal purposes of your club, business or organization only. You represent and warrant that you have all necessary permissions and authorizations to submit information to the Web Site and that your submission of information complies with any and all applicable laws, rules and regulations. Privacy Statement Overview Mid-State Sports Recruiting is committed to respecting the privacy of our users. We strive to provide a safe, secure user experience. This Privacy Statement sets forth the online data collection and usage policies and practices that apply to our Web Site (unless a different privacy statement is specifically made applicable). By using the Web Site, you consent to the policies and practices described in this Privacy Statement. Your data will be stored and processed in whole or in part in the United States. Our Web Site contain links to other sites over which we have no control. Mid-State Sports Recruiting is not responsible for the privacy policies or practices of other sites to which you choose to link from the Web Site. We encourage you to review the privacy policies of those other sites so you can understand how they collect, use and share your information. This Privacy Statement applies solely to the information we collect on at Mid-State Sports Recruiting Web Site, and does not apply to information we collect in any other fashion. Collection and Retention of Information In some areas of the Web Site, Mid-State Sports Recruiting requests or may request that you provide personal information, including your name, address, e-mail address, telephone number credit card number, contact information, billing information and any other information from which your identity is discernible. In other areas, Mid-State Sports Recruiting collects or may collect demographic information that is not unique to you such as your ZIP code, age, preferences, gender, interests and favorites. Sometimes we collect or may collect a combination of the two types of information. Examples of areas on the Web Site where we collect personal or combined personal and demographic data are information request forms and on-line purchase requests. With respect to coaches, Mid-State Sports Recruiting requests or may request such information regarding your students. We also gather or may gather certain information about your use of the Web Site, such as what areas you visit and what services you access. Moreover, there is information about your computer hardware and software that is or may be collected by Mid-State Sports Recruiting. This information can include without limitation your IP address, browser type, domain names, access times and referring site addresses. Mid-State Sports Recruiting may sometimes afford you the opportunity to provide descriptive, cultural, behavioral, preferential and/or life style information about yourself, but it is solely up to you whether you furnish such information. If you do provide such information, you are thereby consenting to the use of that information in accordance with the policies and practices described in this Privacy Statement. For example, such information may be used for the purpose of determining your potential interest in receiving email or other communications about a particular college or university or recruiting program. We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of Mid-State Sports Recruiting. You can cancel your Player Profile or Game-Time Stats™ subscription anytime. With respect to high school coaches, we reserve the right to continue to make available the information you provided prior to such cancellation in the same manner as such information was used prior to the cancellation or termination. Use of Information by Mid-State Sports Recruiting We use the information we gather through the Web Site, players, coaches, parents, schools, and scouts, whether personal, demographic, collective or technical, for the purpose of operating and improving the Web Site and delivering the products and services that we offer. We will use your contact information in order to send you e-mail or other communications regarding updates, players, college and high school information which may interest you. We will also share contact information, and other personally identifiable information between colleges, high schools, scouts, recruiters, players and parents. Any feedback you submit to Mid-State Sports Recruiting becomes our property, and we can use such feedback (such as success stories) for marketing purposes or contact you for further information. Disclosure of Information to Others We may disclose to third parties such as sports teams, admission counselors, educational institutions, coaches, recruiters, newspapers, radio stations, television stations and other persons or entities consistent with the purposes of Mid-State Sports Recruiting, your personal information or personal student information you have provided including and not limited to; name, sport, statistics high school, high school status, interests. We may also disclose personal information as explained in the following subparagraphs. 1. We may disclose such information to third parties other than the examples listed above if you consent to such disclosure. For example, if you indicate that you would like to receive information about products or services of third parties we may supply your contact information to third parties such as sports training services or sports equipment manufacturers for the purpose of sending you e-mail or otherwise communicating with you. We may use data we have about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the products or services of a particular third party. 2. We may disclose such information to companies and individuals we employ to perform functions on our behalf. Examples may include hosting our Web servers, analyzing data, providing marketing assistance, providing fitness consultations and services, processing credit card payments, and providing customer service. These companies and individuals will have access to your personal information as necessary to perform their functions. 3. We may disclose such information if legally required to do so, if requested to do so by a governmental entity or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect the rights or property of Mid-State Sports Recruiting; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public. 4. We may disclose and transfer such information to a third party who acquires all or a substantial portion of Mid-State Sports Recruiting's business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event Mid-State Sports Recruiting becomes the subject of a bankruptcy proceeding, whether voluntary or involuntary, Mid-State Sports Recruiting or its trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court. Mid-State Sports Recruiting may also share aggregated anonymous information about visitors to the Web Site (for example, the number of visitors to Mid-State Sports Recruiting's Scout 24/7™ area) with its clients, partners and other third parties so that they may understand the kinds of visitors to the Web Site and how those visitors use the Web Site. Player Profiles and Game Statistics Mid-State Sports Recruiting is a sports recruiting Web Site. We present player information from actual game statistics provided by high school coaches and additional personal information provided by players. Players or parents or individuals that purchase a marketing package will have additional personal information accessible through the Web Site. 1. Player information will be searchable by college scouts. 2. High School coaches and or any authorized user will input game statistics. We are not responsible for the accuracy of this information. 3. Mid-State Sports Recruiting will input additional information for Profile Players, which will be searchable by college scouts. This information is provided through players, parents, coaches and schools. We believe this information to be accurate and complete, but Mid-State Sports Recruiting is not responsible for the accuracy of the provided information. 4. Profile Players will have access to review their on-line profile. They will also have the ability to submit changes or updates to Mid-State Sports Recruiting through e-mail. 5. Mid-State Sports Recruiting maintains and updates player profiles. The game statistics may be automatically updated by high school coaches and/or authorized users. 6. We attempt to limit access to our searchable database only to college coaches, scouts and recruiters. We may also provide access to our searchable data base to outside media or services that we believe will provide an advantage in the recruiting process to profile players or area athletes. 7. We are not responsible for the use made of player profiles by third parties who access such resumes while they are in our searchable database. You may remove your resume from our searchable database at any time. However, employers, recruiters and others who have access to that database or parties who have otherwise gained access to the database may have retained a copy of your resume in their own files or databases. We are not responsible for the retention, use or privacy of player profiles in these instances. Use of Cookies Mid-State Sports Recruiting may use "cookies" to help personalize and maximize your online experience and time online. A cookie is a text file that is placed on your hard drive by a web page server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to your computer, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the server that you have returned to a specific page. For example, if you register for services, a cookie helps us to recall your specific information (such as user name, password and preferences). Because of our use of cookies, we can deliver faster and more accurate results and a more personalized experience. When you return to the Web Site, the information you previously provided can be retrieved, so you can easily use the features that you customized. We also use cookies to track click streams and for load balancing. You may have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline all cookies if you prefer. Alternatively, you may be able to modify your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. If you choose to decline cookies, however, that may hinder performance and negatively impact your experience on the Web Site. Use of Web Beacons Mid-State Sports Recruiting Web pages may contain electronic images known as web beacons (sometimes called single-pixel gifs) that allow us to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access your personally identifiable information on Mid-State Sports Recruiting; they are a technique we use to compile aggregated statistics about usage of the Web Site. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. Updating Your Information You may review, correct, update or change your account profile information at any time. Simply e-mail your updated account information to Mid-State Sports Recruiting so that we may update your information. If you opted to receive newsletters, commercial e-mails or other communications from Mid-State Sports Recruiting at the time you registered with Mid-State Sports Recruiting, but subsequently change your mind, you may opt-out by sending an e-mail including your account information and the request to opt-out. If you previously opted not to receive such communications, you may later opt-in by sending an e-mail including your account information and the request to opt-in. Any change from opt-in to opt-out will apply to e-mails sent by Mid-State Sports Recruiting only, and not e-mails sent by third parties. Security Mid-State Sports Recruiting has implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. When you place an order online at Mid-State Sports Recruiting, your credit card information is protected through the use of encryption, such as the Secure Socket Layer ("SSL") protocol. SSL makes it difficult for your credit card information to be intercepted or stolen while being transmitted. Mid-State Sports Recruiting uses a service company to process its credit card transactions. For further information on this company's privacy and security practices, please click here. Liability Release AS CONSIDERATION FOR RECEIVING ACCESS TO THE WEB SITE, OR OPERATIONAL AND MARKETING SERVICES FROM MID-STATE SPORTS RECRUITING, YOU HEREBY AGREE THAT YOU AND YOUR HEIRS AND LEGAL REPRESENTATIVES, WILL NOT MAKE ANY CLAIM, DEMAND, OR CAUSE OF ACTION AGAINST MID-STATE SPORTS RECRUITING OR ANY OF ITS AGENTS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, OR INDEPENDENT CONTRACTORS RESULTING FROM NEGLIGENCE OR OTHER ACTS OR OMISSIONS, HOWSOEVER CAUSED, BY ANY EMPLOYEE, OFFICER, AGENT, SUBCONTRACTOR, OR INDEPENDENT CONTRACTOR OF MID-STATES SPORTS RECRUITING; PROVIDED, HOWEVER, THAT YOU RESERVE THE RIGHT TO MAKE ANY CLAIM AGAINST MID-STATES SPORTS RECRUITING ARISING FROM THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MID-STATES SPORTS RECRUITING, OR ITS EMPLOYEES, AGENTS AND OFFICERS. YOU HEREBY FURTHER RELEASES MID-STATES SPORTS RECRUITING, ITS AGENTS, OFFICERS, EMPLOYEES, SUBCONTRACTORS AND INDEPENDENT CONTRACTORS, FROM ANY AND ALL ACTIONS, CLAIMS, CAUSES OF ACTION, OR DEMANDS, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, THAT YOU AND YOUR HEIRS AND LEGAL REPRESENTATIVES HAVE, MAY HAVE OR MAY HEREAFTER HAVE RESULTING FROM ACCESS TO THE WEB SITE OR RECEIPT OF OR PARTICIPATION IN THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT; PROVIDED, HOWEVER, YOU DO NOT RELEASE ANY CLAIM AGAINST MID-STATES SPORTS RECRUITING ARISING FROM THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MID-STATES SPORTS RECRUITING, ITS EMPLOYEES, AGENTS AND OFFICERS. EXCEPT AS EXPRESSLY PROVIDED ABOVE, IT IS YOUR INTENTION TO EXEMPT AND RELIEVE MID-STATES SPORTS RECRUITING, AND ITS AGENTS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AND INDEPENDENT CONTRACTORS FROM LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE WEB SITE AND THE SERVICES RECEIVED HEREUNDER AND FOR PERSONAL INJURY OR PROPERTY DAMAGE FROM NEGLIGENCE OR OTHER ACTS, HOWSOEVER CAUSED. Knowing and Voluntary Execution You have carefully read this Agreement and fully understand its contents. You are aware this is a release of liability and a contract between yourself and Mid-State Sports Recruiting, Inc., and enter into it of your own free will. You are fully aware of the legal consequence of accepting this document. No Warranties Mid-State Sports Recruiting cannot and does not control the accuracy of information displayed on the Web Site. Mid-State Sports Recruiting is not responsible with respect to actions you take or refrain from taking based on the information provided on the Web Site. Accordingly, it is the responsibility of the high school coaches, college coaches, scouts, recruiters and club sports participants to verify that information it has posted to the site has been recorded and is being displayed accurately in each instance. In the event of any inaccuracy, contact the site administrator immediately at: info@mid-statesports.com. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS. MID-STATE SPORTS RECRUITING MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF POSTINGS MADE ON THE WEB SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE WEB SITE AND SHALL NOT BE LIABLE FOR ANY INCORRECT POSTINGS, IT BEING THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE USERS OF THE WEB SITE TO VERIFY THAT INFORMATION SUBMITTED TO THE WEB SITE IS BEING DISPLAYED ACCURATELY. Indemnity You agree that in the event any third party claim arising out of or related to your use of the Web Site shall be made against Mid-State Sports Recruiting, its agents, coaches, scouts, players, parents, officers, employees, subcontractors, and independent contractors, You, your assignees, heirs, distributees, guardians, and legal representatives shall indemnify and hold Mid-State Sports Recruiting, its agents, officers, employees, subcontractors or independent contractors, harmless from any and all claims, demands, actions, causes of action, damages and expenses, including attorney's fees, by whomever or wherever made or presented. Changes to Privacy Statement If Mid-State Sports Recruiting, Inc. decides to change this Privacy Statement, they will post those changes here so that you will always know what information we gather, how we might use that information, and to whom we will disclose it. If at any time, you have questions or concerns about Mid-State Sports Recruiting Inc., Privacy Statement, please feel free to Contact Us. Thank you for using Mid-State Sports Recruiting Inc.
