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ProductiveRecruit LLC, END USER LICENSE AGREEMENT
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PRODUCTIVERECRUIT LLC END USER LICENSE AGREEMENT

EFFECTIVE: January 1, 2024

BY INSTALLING, ACCESSING OR USING ALL OR ANY PORTION OF THE PRODUCTIVERECRUIT LLC (COLLECTIVELY, “PRODUCTIVERECRUIT” “Us” or “We”) APPLICATION AND SERVICES, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”). WHEN WE SAY “YOU”  (“You” or “Users”) THIS INCLUDES ATHLETES AGE 18 YEARS OR OLDER, DIRECTORS OR COACHES OF SPORTS CLUBS, ATHLETIC DIRECTORS AT  HIGH SCHOOLS, COLLEGE COACHES, OR OWNERS OF COLLEGE RECRUITING CONSULTING BUSINESS, AND PARENTS OF MINOR CHILDREN WHOSE PERSONAL INFORMATION IS BEING UPLOADED BY USERS TO THE APPLICATION OR SERVICES. WHEN WE REFER TO ‘YOU” “YOUR” AND “YOUR DATA” IN PARAGRAPHS 5 AND 13, WE ARE REFERRING TO THE PERSONAL INFORMATION AND DATA OF ATHLETES THAT IS BEING UPLOADED BY USERS AND THE PARENTS OF MINOR CHILDREN ONTO THE APPLICATION OR SERVICES. BY CLICKING “ACCEPT” YOU HAVE CONSENTED TO THE USE OF SUCH PERSONAL INFORMATION AND DATA ABOUT YOU OR YOUR CHILDREN ON THE APPLICATION AND SERVICES.

YOU AGREE THAT YOU WILL NOT SUBMIT PERSONAL HEALTH INFORMATION INTO THE APPLICATION OR SERVICES WITHOUT PRODUCTIVERECRUIT’S PRIOR WRITTEN APPROVAL

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.

UPON ACCEPTANCE, THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY ENTITY THAT OBTAINED THE APPLICATION AND ON WHOSE BEHALF IT IS USED.  IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION.  ACCORDINGLY, YOU AND PRODUCTIVERECRUIT AGREE TO THE FOLLOWING:

The “Application” or “Services” consists of: (a) the ProductiveRecruit proprietary web based software-as-a-service offering Application, the “ProductiveRecruit” (which enables student-athletes and their coaches to collaborate on the college sports recruiting process) provided in connection with an authorized link to this Agreement, including all software, code, text, graphics, logos, layouts, designs, interfaces, and other items included in or associated with the application; and (b) any files that are delivered to you by ProductiveRecruit (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the ProductiveRecruit application.

The Application may provide a means for you to access one or more websites, other applications, or other products and services offered by ProductiveRecruit (collectively, the “Services”), and audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”).  The Application, Services and Content are copyrighted works of ProductiveRecruit and may contain trademarks, service marks, trade names, and other intellectual property of ProductiveRecruit.

The Application and Content, and your use of the Services, are also subject to ProductiveRecruit’s Terms of Use: https://productiverecruit.com/terms and Privacy Policy: https://productiverecruit.com/privacy (collectively “ProductiveRecruit Terms”) which are incorporated into this Agreement by this reference.  There may also be additional terms that ProductiveRecruit presents to you in connection with the Application, for example, at the time of download (“Additional Terms”).  If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly provide otherwise.

The Application may use location-based services to locate you.  If you choose to use the Application, you consent to ProductiveRecruit and its third party providers determining your location.

1. CHANGES TO THIS AGREEMENT AND PRODUCTIVERECRUIT TERMS.

This Agreement applies to all downloading or installation of the Application after the Effective Date above, and use of any copy of the Application downloaded or installed after the Effective Date above. ProductiveRecruit may make changes to this Agreement from time to time by posting a copy of the updated Agreement on our website. Changes to this Agreement will be applicable to downloading or installation of the Application or using the Services after the effective date of the changes.  If you do not agree with any changes to this Agreement, your sole remedy is not to download or install the Application after the effective date of the changes.

ProductiveRecruit also may make changes to the ProductiveRecruit Terms as provided therein.  Such changes will apply to your use of the Application to access Services and Content after the effective date of the changes.  If you do not agree with any such changes, your sole remedy is to discontinue use of the Application to access the relevant Services and Content.  If you continue to use the Application to access Services and Content after the effective date of the changes, you accept all changes.

2. CHANGES TO PRODUCT AND SERVICE OFFERINGS.

ProductiveRecruit may change pricing for the Application, Services and Content.  We may not provide price protection or refunds due to price reductions, promotional pricing, or any other changes to pricing for any reason.

You acknowledge and agree that ProductiveRecruit may suspend or discontinue offering the Application; modify the Application; change or discontinue the Services available through the Application; change how we offer and operate such Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge); remove Content; impose limits on certain features or restrict your access to part or all of the Application, Services and Content; or make other changes in ProductiveRecruit’s product and service offerings at its sole discretion and with or without notice to you.  We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these ProductiveRecruit Terms.  You further acknowledge and agree that even if a copy of the Application continues to reside on your device, after we make changes in our product or services offerings, the Application may not work as it did prior to such action, and ProductiveRecruit will have no liability to you or any third party as a result.

3. OWNERSHIP.

You acknowledge and agree that ProductiveRecruit has all right, title, and interest in and to the Application and all intellectual property rights associated with the Application. The Application is protected by the copyright laws of the United States, international treaties and conventions, and other laws.  Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and ProductiveRecruit reserves all rights not expressly granted to you.  You must comply with all laws when using the Application as well as all applicable copyright, trademark or other legal notices or restrictions.

4. CONDUCT

  1. You will not:
  1. As a director or coach of a sports club, athletic director at a high school, college coach, or owner of a college recruiting consulting business that interacts with athletes age 18 years or older, parents of minor children athletes and athletes that are minors while using the Services and Application, You warrant that:  

(i) You have the legal right and ability to enter into this Agreement, (ii) You have all necessary rights, licenses, consents and permissions to use Your Data with the Application and Services, (iii) You are not a competitor of ProductiveRecruit, or someone acting on behalf of a competitor, (iv) You or Your company are in compliance with the Children’s Online Privacy Protection Act (COPPA); (v)  Your company retains personal information collected online from a child for only as long as is necessary to fulfill the purpose for which it was collected and delete the information using reasonable measures to protect against its unauthorized access or use; (vi) You and Your Company do not condition a child’s participation in an online activity on the child providing more information than is reasonably necessary to participate in that activity; (vii) You or Your company shall not post or upload any pictures or videos of children under the age of 18 onto the Application or Services unless a Parent of a minor consents to your doing so; (viii) You and all employees of your company before you are all permitted access to the Application or Services shall be a member in good standing of or licensed by the governing body that oversees the sport You consult or coach in, (ix) You will not sell, share or profit from the personal information or data of any minor, athlete or user; (x) You will not sell, share or profit from the NIL of any minor, athlete or user; (xi) Your use of the Application or Services will not violate or breach any applicable laws, regulations or agreements or unreasonably interfere with Our other customers’ use of Our Application or Services. You further warrant that you understand that all laws applicable to this Agreement, including those governing data and privacy, may change on a regular basis and vary by jurisdiction, and You are solely responsible for compliance with any and all applicable laws and regulations.

5. (a) PARENTAL CONSENT

As the parent of a minor child whose personal information is going to be collected, used, viewed and uploaded by other Users onto the Application or Services, you agree to the following:

(i) You consent to Users who have signed an agreement with ProductiveRecruit to access the Application or Services to post or upload pictures or videos of your minor child revealing their identity onto the Application or Services, (ii) You consent to Users who have signed an agreement with ProductiveRecruit to access the Application or Services to use the Application or Services to collect and internally use your child’s data and/or personal information to track and measure your child’s performance, (iii) You agree that ProductiveRecruit shall have no liability for any damages suffered by you or your child as a result of any User using your child’s data and/or personal information whether such data and/or personal information is used by a User on the Application or Services or not, and (iv) You understand that you have the right to stop any User from using the Application or Services to collect and use data and/or personal information about your child by contacting ProductiveRecruit at: support@productiverecruit.com.

(b) User Consent

As a User of the Services age 18 or older whose personal information is going to be collected, used, viewed and uploaded by other Users onto the Application or Services, you agree to the following:

(i) You consent to Users who have signed an agreement with ProductiveRecruit to access the Application or Services to post or upload pictures or videos of you revealing your identity onto the Application or Services, (ii) You consent to Users who have signed an agreement with ProductiveRecruit to access the Application or Services to use the Application or Services to collect and internally use your data and/or personal information to track and measure your performance, (iii) You agree that ProductiveRecruit shall have no liability for any damages suffered by you as a result of any User using your data and/or personal information whether such data and/or personal information is used by a User on the Application or Services or not, and (iv) You understand that you have the right to stop any User from using the Application or Services to collect and use data and/or personal information by contacting ProductiveRecruit at: support@productiverecruit.com.

6. GRANT OF A LIMITED USE LICENSE TO USE THE APPLICATION AND SERVICES.

ProductiveRecruit grants to User and User accepts from ProductiveRecruit, a limited, revocable, non-exclusive, non-transferable right to access and use and permit Authorized Users to access and use the Application and Services solely for the internal business operations of User during the Term. The Application and Services shall not be used by User or by Authorized Users for, or on behalf of, third parties that are not authorized under this Agreement. User shall use its best efforts to ensure that the Authorized Users use the Application and Services in accordance with the terms and conditions of this Agreement. User acknowledges that its right to use the Application and Services will be conditioned upon: (i) User’s payment of the Fees, if any,  associated with using the Services; and (ii) the Subscriptions Service being web-based only and will not be installed on any servers owned or controlled by User or otherwise provided to User without ProductiveRecruit's consent.

Subject to your compliance with the ProductiveRecruit Terms and this Agreement, ProductiveRecruit hereby grants, and you hereby accept, a limited, revocable, non-sublicensable, non-exclusive license to engage in non-commercial use of the Application.  All rights to use the Application are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

7. USE OF THE APPLICATION.

When you use the Application, you may connect to ProductiveRecruit’s or its vendors’ servers.  Your communication with ProductiveRecruit’s properties is governed by the ProductiveRecruit Privacy Policy, available at: https://productiverecruit.com/privacy. You consent to our use of data that you provide or upload to the Application or Services or that we may collect about you through the Application, in compliance with the Privacy Policy.

As part of the Application, you may receive push notifications, text messages, MMS messages or other types of messages directly sent to you outside or inside the Application (collectively, "Push Messages").  You may control the Push Messages in your device’s or the Application’s settings.  Some of the Push Messages may be related to your location or to your use of the Application or Content.  Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance.  Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device.  Contact your carrier with questions regarding these issues.  You may discontinue Push Messages in your device’s or the Application’s settings or by deleting the Application.  We may collect information related to your use of Push Messages.  If you have registered for Push Messages, you agree to notify ProductiveRecruit of any changes to your mobile number, as applicable, and update your account on the Application to reflect this change.

The Application may allow you to access and interoperate with third party properties, software applications, and data services (collectively, “Third Party Properties”). ProductiveRecruit does not control any Third Party Properties to which you may connect using the Application and is not responsible for the practices of any third party.  You acknowledge and agree that ProductiveRecruit is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from Third Party Properties.  You acknowledge that the Application may check for updates to the Application that may be available to you.

8. WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, SERVICES AND CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PRODUCTIVERECRUIT AND THE DISTRIBUTION CHANNELS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, OF ACCURACY, OF QUIET ENJOYMENT, OF AVAILABILITY AND AS TO SUBJECT MATTER OF CONTENT.  PRODUCTIVERECRUIT DOES NOT WARRANT: (1) THAT THE APPLICATION’S FUNCTIONS OR ANY SERVICES, CONTENT OR THIRD PARTY PROPERTIES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION, SERVICES, CONTENT OR THIRD PARTY PROPERTIES AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. PRODUCTIVERECRUIT SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES.  

YOUR ACCESS TO AND USE OF THE APPLICATION AND SERVICES IS AT YOUR OWN RISK.  IF YOU ARE DISSATISFIED WITH THE APPLICATION OR ANY OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION.

TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY/RELEASE OF CLAIMS

PRODUCTIVERECRUIT WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN ITS PERFORMANCE DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

PRODUCTIVERECRUIT WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE APPLICATION (INCLUDING THE SERVICES, CONTENT, THIRD PARTY SERVICES, THIRD PARTY WEBSITES OR MESSAGING APPLICATIONS AVAILABLE THROUGH THE APPLICATION OR SERVICES) OR THIS AGREEMENT, EVEN IF FORESEEABLE OR EVEN IF PRODUCTIVERECRUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, TORT, GROSS NEGLIGENCE, OR OTHERWISE).  PRODUCTIVERECRUIT WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, FUTURE EARNINGS, BUSINESS INTERRUPTION, OR ANY COMMERCIAL DAMAGES, BODILY INJURY DAMAGES, PHYSICAL HARM, EMOTIONAL DISTRESS,  DEATH, LOSS OF REPUTATION, LIBEL, SLANDER, OR LOSSES OF ANY KIND. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

PRODUCTIVERECRUIT WILL NOT BE LIABLE TO YOU OR YOUR CHILD FOR ANY LOSSES OR DAMAGES YOU MIGHT SUFFER OF ANY KIND AS A RESULT OF THE ACTIONS OF OTHER USERS: (I) USING YOUR CHILD’S PERSONAL INFORMATION OR DATA AND NIL ON THE APPLICATION OR SERVICES; OR (II) SELLING, SHARING OR LICENSING USING YOUR CHILD’S PERSONAL INFORMATION OR DATA AND NIL.

PRODUCTIVERECRUIT WILL NOT BE LIABLE TO YOU OR ANY ATHLETE FOR ANY LOSSES OR DAMAGES YOU MIGHT SUFFER OF ANY KIND AS A RESULT OF THE ACTIONS OF OTHER USERS (I) USING YOUR PERSONAL INFORMATION OR DATA AND NIL ON THE APPLICATION OR SERVICES; OR (II) SELLING, SHARING OR LICENSING USING YOUR PERSONAL INFORMATION OR DATA AND NIL.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF PRODUCTIVERECRUIT’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, OR OTHER AUDIO/VISUAL CONTENT OWNED, CONTROLLED, OR DISTRIBUTED BY PRODUCTIVERECRUIT, INCLUDING WITHOUT LIMITATION THE APPLICATION OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

10. INDEMNITY

You will indemnify, defend, and hold ProductiveRecruit and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the “ProductiveRecruit Indemnified Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any of the ProductiveRecruit Indemnified Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your data; your unlawful sale or sharing of the data of any athlete or user without their consent or minor child without parental consent;  your unlawful sale or sharing of the NIL of a minor, athlete or user; your connection to ProductiveRecruit’s or its vendors’ servers; your violation of this Agreement; or your violation of the rights of any other person or entity. ProductiveRecruit reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ProductiveRecruit, and you will cooperate with ProductiveRecruit’s defense of these claims.

11. TERMINATION.

This Agreement is effective until terminated.  You may terminate this Agreement at any time by: (i) irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control; and (ii) ceasing to use the Services and Content available through the Application. ProductiveRecruit may terminate this Agreement at any time for any reason or no reason.   Upon termination for any reason, the license granted in Section 4 will immediately terminate.  The provisions in Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15 and 16 will survive any termination.

12. EXPORT CONTROLS.

You may not use or otherwise export or re-export the Application or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the Services was accessed or obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that it is not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by applicable law. 

13. CONSENT TO USE OF DATA.

You agree that ProductiveRecruit may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application.

Your Data also may include your name, email addresses, telephone numbers and any information provided that identifies You that is uploaded to the Services pertaining to your birth date, social security number, data or metrics related to Your Performance as an athlete and personally identifiable information (PII) including financial information. You have designed, created and provided all of your data without the participation or involvement of ProductiveRecruit. You are responsible for any actions you take with respect to Data, including uploading it to the Services or using the Services to share or otherwise make available such Data to third parties. You are responsible for ensuring that you have all the rights and permissions needed to use Data in connection with the Services. You Shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Data entered into the Services. ProductiveRecruit assumes no responsibility for the accuracy, propriety, or usefulness to You of the Data. ProductiveRecruit shall not be liable to You or any third-parties for any loss, damage or expense whatsoever and howsoever arising from any Data entered into the Services by You or by an entity on its behalf unless such data is protected under federal or state law. You acknowledge that ProductiveRecruit will rely on the accuracy of the Data provided to ProductiveRecruit by You as it performs its requested functions under this Agreement.  You acknowledge that you own all of the Data or have all rights to grant such licenses to ProductiveRecruit to use such Information in furtherance of providing the Services without infringement or violation of any third party rights. ProductiveRecruit provides no warranties, representations or indemnification to You for its access to, and use of the Data.

You grant a revocable license and consent to ProductiveRecruit’s use of data that you provide or that we may collect about you through the Application, in compliance with Our Privacy Policy. You give consent to ProductiveRecruit to use the Data when integrating with third party company systems to perform services on ProductiveRecruit’s behalf relating to the functionality of the Services and that You consent to ProductiveRecruit using Data that may include protected health information and personally identifiable information containing social security numbers and credit card information. We will only use such data with our partners or service providers who perform functions to enable ProductiveRecruit to provide its Services.

You acknowledge and agree that ProductiveRecruit shall have the right to use any data collected or created by You in your use of the Application related to selling, publishing, disclosing or sharing combined data and information from many Users with our partners in order to help our partners market and sell our Products pursuant to written agreements with confidentiality, privacy and security obligations. All such information includes data derived from personal information in aggregated, anonymous form and does not identify You individually.

You give consent to ProductiveRecruit to disclose or share with any of our affiliated companies or our partners any aggregated, anonymized information about you that does not identify you individually, without restriction as explained in our Privacy Policy.

14. Name, Likeness and Image (“NIL”)

Definition of terms:

a. “Athlete” shall mean any person who participates in an organized sport, is a member of a team or club and whose personal information is uploaded to the Application or Services.

a. "Name, Image, and Likeness" or "NIL" shall mean any athlete’s individual names, signatures, photographs, images, likeness, voices, and any other indicia of their identities.

c. By using the Application or Services you are not granted any license or right to use, sell, market or profit from the NIL of any athlete, minor or user.

14. APPLICABLE LAW

By using the Application and Services you agree that the laws of the State of Illinois without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and ProductiveRecruit.


15. DISPUTES

ANY DISPUTE RELATING IN ANY WAY TO THIS AGREEMENT AND YOUR USE OF PRODUCTIVERECRUIT’S WEBSITE, APPLICATION OR SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN CHICAGO, ILLINOIS EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.

CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA'S CONSUMER RULES"), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION'S WEBSITE.

YOU AND PRODUCTIVERECRUIT AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.

THE ARBITRATOR SHALL APPLY ILLINOIS LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.


IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN CHICAGO, ILLINOIS.

If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules.

16. MISCELLANEOUS.

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided, however, that this Agreement will coexist with the ProductiveRecruit Terms and any Additional Terms.  To the extent that the provisions of this Agreement conflict with the ProductiveRecruit Terms, this Agreement will govern.  We may be required by state or federal law to notify you of certain events.  You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email, if you have provided it to us.  If you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you.  If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated.  Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision.  Except as otherwise required by law, the controlling language of this Agreement is English.  This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

17. CONTACT INFORMATION

You may contact ProductiveRecruit at: support@productiverecruit.com.

If you have any questions, claims, or complaints, you should notify us at support@productiverecruit.com.

 

You hereby acknowledge that you have read and understood this Agreement and agree that by clicking “Accept” or by installing, copying, or using the Application and Services you are acknowledging your agreement to be bound by this Agreement.