TERMS OF USE

You agree that your use of this web­site will not violate any local, national or international law. All of the information you have provided recruitingfactory.com and Recruiting Factory, LLC. is completely accurate and truthful. You have not and will not access unrightful information (you have not and will not access other user’s passwords, usernames, etc.) 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, NAIA, NCCAA, or NJCAA athlete. By registering untruthfully as an athlete, college coach, high school coach or club coach you can and will be held liable for your actions and the consequences. This is considered unrightful access to information and the Recruiting Factory reserves the right to pursue further action. You have not and will not access those files reserved solely for recruitingfactory.com administrators and Recruiting Factory, LLC. You have not and will not solicit other recruitingfactory.com users and/or members. Soliciting registered users of recruitingfactory.com, either coaches or athletes, is strictly prohibited. Legal action will be taken against any and all persons or companies soliciting registered users of recruitingfactory.com. You have not and will not use any of recruitingfactory.com’s and Recruiting Factory, LLC.’s material (logos, graphics, art works, text, articles, database, internet coding, etc) without written permission from Recruiting Factory, LLC. recruitingfactory.com and the translated documents pro­vided by Recruiting Factory, LLC. are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information or services obtained from recruitingfactory.com without the express permission of Recruiting Factory, LLC.recruitingfactory.com is not responsible for the actions of those users (both coaches and athletes) who do not abide by NCAA, NAIA, NCCAA, or NJCAA regulations. recruitingfactory.com is in no way affiliated with the NCAA, NAIA, NCCAA, or NJCAA. All users are responsible for their own actions. All users are responsible for knowing the NCAA, NAIA, NCCAA, or NJCAA’s rules, regulations, and laws. All users are responsible for abiding by the NCAA, NAIA, NCCAA, or NJCAA’s rules, regulations and laws. Neither www.recruitingfactory.com or Recruiting Factory, LLC. is responsible for coaches and/or athletes who violate NCAA, NAIA, NCCAA, NJCAA or specific sport governing body rules and regulations. Violators are subject to account termination. recruitingfactory.com does not promote any violations of NCAA, NAIA, NCCAA, NJCAA or specific sport governing body rules or regulations. recruitingfactory.com has the right to terminate membership and usage of any users who Recruiting Factory, LLC. feels have violated recruitingfactory.com’s Terms of Use. Once database is available only actual collegiate athletic coaches are permitted to register for recruitingfactory.com college coach accounts. Members — both coaches and athletes — agree to only post accurate, truthful information in their recruitingfactory.com accounts. recruitingfactory.com is not responsible for any misrepresentation by either an athlete, his or her family, or a coach or school. By registering with recruitingfactory.com or using recruitingfactory.com’s service as a either coach or an athlete you agree to recruitingfactory.com’s Terms of Use. Your use of the Recruiting Factory is also governed by the Recruiting Factory Terms of Sale located at http://www.recruitingfactory.com/terms-of-sale, which is incorporated by reference.

LEGAL DISCLAIMER

Your access to and continued use of recruitingfactory.com at www.recruitingfactory.com con­sti­tutes your accep­tance of all pro­vi­sions contained herein. If you do not agree with the these pro­vi­sions, you should discontinue all use and exit the site immediately. Recruiting Factory, LLC. reserves the right to amend these terms and conditions at any time and without notice. It is your responsibility to check for all updates. Each member agrees that use of the recruitingfactory.com is at his/her sole risk. Recruiting Factory, LLC. does not warrant that the service will be uninterrupted or error free. recruitingfactory.com does not make any warranty as to the results obtained from recruitingfactory.com usage or as to the accuracy, reliability, or content of any information, service, or merchandise provided through recruitingfactory.com.

INTELLECTUAL PROPERTY

© 2008 – 2014 Recruiting Factory, LLC. all rights reserved.

LINKS TO THIRD PARTY SITES AND VIRUSES

recruitingfactory.com contains links to different Internet sites. These links are not endorsements of any services, products, or companies. Furthermore, information on such site has not been endorsed or approved by Recruiting Factory, LLC. All responsibility or liability for any damages caused by viruses contained within this internet site or in the channels of delivery are disclaimed.

Product and Service Descriptions and Availability, Errors

Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.

We attempt to be as accurate as possible and eliminate errors on the Recruiting Factory, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing, at our option, the Recruiting Factory credits, with a value at least equal to the amount charged to your credit card. the Recruiting Factory reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.

Disclaimers

RECRUITING FACTORY, LLC. ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.

PRODUCTS AND SERVICES ARE PROVIDED OR SOLD “AS-IS” AND RECRUITING FACTORY, LLC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RECRUITING FACTORY, LLC.CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. RECRUITING FACTORY, LLC. DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation there with, by the Recruiting Factory, LLC.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL RECRUITING FACTORY, LLC. OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF RECRUITING FACTORY, LLC. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RECRUITING FACTORY, LLC. LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO RECRUITING FACTORY, LLC.FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM RECRUITING FACTORY, LLC., REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Arbitration/No Class Action

Except where prohibited by law, as a condition of using this website, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with this website, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator, selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Wisconsin, County of Milwaukee, or the United States District Court. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Wisconsin, County of Milwaukee, or the United States District Court.