Matchfit E-College Counselor College Profiler™

TERMS
     OF USE

Please carefully read these terms and conditions of use (these "Terms of Service") before using TheSportSource.com (the "Site"). Your access to and use of the Site is subject to these Terms of Service (including the Privacy Policy of the Site) and all applicable laws. By accessing and using this Site, you signify your assent to these Terms of Service. These Terms of Service may be amended or modified at the sole discretion of The Sport Source® ("TSS"), or new conditions may be imposed, at any time with or without notice. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Service (including the Privacy Policy) will mean you accept those changes. If you do not agree to these Terms of Service, please do not use the Site.

  1. OWNERSHIP AND USE RESTRICTIONS

    TheSportSource.com is owned and operated by The Sport Source®, and operated by TSS in association with MATCHFIT®, College Profiler™, PLAN OF SUCCESS, OFFICIAL ATHLETIC COLLEGE GUIDES TO SPORT COLLEGES AND SPORTS SCHOLARSHIPS©, MYLOCKERROOM, MYLOCKER, E-COLLEGE LABS [Entities of the company] , and their respective operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the "Operators."

    The content and materials contained within the Site (including, without limitation, video, audio, photos, text, images, statistics, updated college profiles, spotlights, logos and all copyrights and intellectual property related to the Site, The Sport Source®.com, MATCHFIT®;.com and sites owned and operated by The Sport Source® and or member partners and the TSS sponsors, licensees and other affiliates) (the "Content") are either owned by, or licensed to, The Sport Source®. The Content from the Site may not be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used in any manner, except as expressly provided by The Sport Source® in writing.

    The Operators maintain this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download profiles of college and universities as contained in MATCHFIT® based on the terms of use and access granted with the user password/passcode as part of services purchased or granted within the limitation of the scope and access granted. You may not, distribute, reproduce, republish, display, prepare derivative works based upon, modify, transmit, reuse, repost, or use any materials of or from the Site for public or commercial purposes on any other Website or otherwise without the express written permission of The Sport Source®.

    Modification of any materials displayed on the Site in any manner is a violation of the Operators' copyright and other proprietary rights.

    The word marks and logos of The Sport Source®, the TSS partners, NCAA College profiles, NAIA College Profiles, NCCAA Profiles and NJCAA College Profiles contained in MATCHFIT®, College Profiler™, OFFICIAL ATHLETIC COLLEGE GUIDES TO SPORTS COLLEGES AND SPORTS SCHOLARSHIPS, PLAN FOR SUCCESS™, E-LABS MY LOCKER and MYLOCKERROOM as well as other special features, events are the exclusive property of The Sport Source®. All other word marks and logos (each, a "Trademark" and, collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited.

    Certain images of people or places displayed on the Site are either the property of, or used with permission by, the Operators. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operators neither warrant nor represent that your use of materials displayed on the Site will not infringe upon the rights of third parties neither owned by nor affiliated with the Operators.

  2. REGISTRATION FOR USE OF CERTAIN FEATURES

    In order to access certain features of the Site, you may be required to register with The Sport Source® by providing certain personally identifiable information about yourself, including your name and e-mail address. In consideration for our granting you access to these features of the Site, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested as and necessary for our provision of, and/or your registration for the use of, those features of the Site, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or if The Sport Source® has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, The Sport Source® has the absolute right to suspend or terminate your password at any time and refuse you any and all current or future use of the Site. For information concerning how The Sport Source® collects and uses such information please see our Privacy Policy at http://www.thesportsource.com/privacypolicy.aspx

    You may receive a password to access certain areas of the site upon completing either the registration process, purchasing access to an online area or by the company. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. By granting access to you, you agree not to copy, distribute or provide your access to anyone for any reason. Failure to comply will result in termination of access whether paid use or free. Any paid subscribers who fail to comply will be terminated from use and will not be given a refund. The Sport Source® is not responsible for any loss or damage arising as a result of your failure to comply with this Section 2.

  3. MESSAGE FEATURES

    The Site may offer opportunities for you to send messages or postings in connection with various features including electronic mail, chats with special guests and forums to communicate with other users about various sports (each a "Message Feature" and, collectively, the "Message Features"). In order to participate, you may be required to provide accurate and complete personal information consisting of your name and e-mail address, which shall be collected pursuant to the Privacy Policy of this Site. You must use the features offered in a responsible manner. By entering the Site, you expressly agree to not transmit any message in connection with any feature that:

    • imposes an unreasonable or disproportionately large load on the Site's infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Site;
    • is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
    • constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;
    • violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
    • contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine;
    • contains any information, software or other material of a commercial nature;
    • contains advertising, promotions or commercial solicitations of any kind;
    • constitutes or contains false or misleading indications of origin or statements of fact; and/or
    • contains material irrelevant to the subject matter of the Message Feature.

    The Operators shall have the absolute right, but not the obligation, to review, edit or delete any information provided to the company that: (i) violates any term of these Terms of Service; and/or (ii) is otherwise illegal, offensive or inappropriate. The decision shall be within the sole discretion of the Operators. Depending on the nature of the violation, the Operators shall have the sole discretion to terminate your access to any are of the Site at any time. Please be advised that the Operators will fully cooperate with any law enforcement authorities or court order requesting or directing the Operators to disclose personal information of anyone who violates the foregoing terms in accordance with the Privacy Policy of the Site.

    Email submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and nonproprietary. By submitting a Message to the Site, you acknowledge that any information disclosed by you therein

    • may be used by any third party;
    • is not confidential and may be read or intercepted by others;
    • creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than as expressly set forth in these Terms of Service; and
    • is subject to the grant of Rights to the Operators described in paragraph 4 below.

  4. SUBMISSIONS

    By transmitting any Message (see paragraph 3 above regarding Messages) or submitting creative ideas, concepts, know-how, techniques, suggestions or materials (each, a "Submission" and, collectively, "Submissions"), you are granting the Operators a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, "Rights"). This means that anything submitted by you on or to the Site will be owned exclusively by The Sport Source® and may be used by The Company for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of the Operators. The Operators shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent.

    • Solicited Submissions: At times, the Operators may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operators of the Rights described above.

    • Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site and The Sport Source®, it is TSS's policy not to accept or consider any Submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operators or TSS might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions via the Site or otherwise; we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future TSS designs, products, programs or otherwise. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operators. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operators of the Rights described above.

  5. THE ONLINE STORE ("STORE") AND ONLINE FEATURES ("FEATURE")

    The Site provides a Store that allows you to order products (the "Merchandise") online, supplied by The Sport Source® (each, "product" and, collectively, the "products"). The Site also provides E-Commerce that allows you to order products from TSS. ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. TSS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY PRODUCT, THE MERCHANDISE OFFERED BY THE COMPANY, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE OR FEATURES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE MERCHANDISE. TSS reserves the right to modify the price of any Merchandise. In order to purchase merchandise on the Site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Site's Privacy Policy explains how such information may be collected and used.) Your ability to purchase merchandise is subject to limits established by your credit card issuer. TSS may bill your credit card at the time merchandise is ordered or shipped, and the appropriate package/product ordered or shipped. Any special order or customized/personalized products will be billed immediately after the order is received. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. TSS may in its sole discretion decline service to or terminate any account. None of The Company, the Vendors nor the Operators is responsible for and must not be held liable for any breaches in transaction security by any third party. Questions relating to the Store, Merchandise and its fulfillment should be directed to TSS either by:

  6. VOTES

    The Site may offer you opportunities to participate in certain events including, but not limited to, give-a-ways, special offers and discounts. By participating, you signify your agreement to all special terms and guidelines set forth on the Site applicable to that event as well as in these Terms of Service.

  7. LINKS

    The following restrictions ("Linkage Restrictions") apply to all links to the Site from any on-line, cable, wireless or other website, service or browser:

    • On-line, cable, wireless or other websites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel, books, services or computers), brand (e.g., Nike or Pepsi) or service (e.g., Internet service providers, recruiting firms, non-acceptable site or ticket sellers) (each, a "Commercial Site" and, collectively, "Commercial Sites") may not link to TheSportSource.com without the written permission of The Company, even if the page/area where the link originates does not promote a product, brand or service.
    • Websites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a "Permissible Site" and, collectively, "Permissible Sites") may link to TheSportSource.com with the express written permission of The Company if such link is:
      • a "word" (as opposed to a "logo") link , ("The Official College Guide To Sports Colleges And Sports Scholarships"); and
      • spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
    • The Sport Source®, thesportsource.com logo, or any other logo of the company or its partners (a "logo" link) may not be used to link to TheSportSource.com without the express written permission of TSS.
    • No link to the Site may be "framed" by the Permissible Site where the link originated if such "frame" contains any sponsorship, advertising or other commercial text or graphics.
    • All links to the Site from a Permissible Site must be to the Site's home page or to the homepage of a particular organization -- links to internal pages within the Site (e.g., college tips page, a photo gallery or a feature article) other than to the home page of a company are not permitted.
    • The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.
  8. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

    While the Operators use reasonable efforts to include accurate and up to date information in the Site, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the content of the Site. The Operators make no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

    THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.

    UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.

    The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operators or any affiliate of any third party site or content. The Operators are not responsible for the availability of these third party resources, or their contents. The Operators have not reviewed any or all of the sites linked to the Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of the Operators. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operators with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.

    Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk.

  9. NOTICE

    The Operators may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user's e-mail address if on record, or by written communication sent by first class mail to a user's address if on record. You may give notice to the Operators (such notice shall be deemed given when received) by any of the following means:

    1. Electronic mail to sports@thesportsource.com;
    2. A letter faxed to The Sport Source® at the following fax number: 972-509-7065;
    3. Letter delivered by first class postage prepaid mail or courier to The Sport Source® at the following address:
      The Sport Source®
      101 West Renner Road, Suite 100
      Woodcreek Plaza
      Richardson, Texas 75082
      Attn: Corporate Communications Department

  10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

    Pursuant to the Trademarks and Copy Right Laws including but not limited to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), The Sport Source® has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site, (the "Designated Agent") content and proprietary information owned and copy-written by the company. All such notifications relating to the Site (the "Designated Agent") must be submitted in a manner consistent with the DMCA to the following Designated Agent:
    The Sport Source®
    101 West Renner Road, Suite 100
    Woodcreek Plaza
    Richardson, Texas 75082
    Attn: General Counsel

    To be effective, the notification must be a written communication that includes the following:

    1. a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works;
    3. identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    4. information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
    5. a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  11. INDEMNIFICATION

    You hereby agree to indemnify and hold The Sport Source® and partners and their respective operators, directors, officers, employees, agents, affiliates and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and court costs) arising out of or relating to:

    • your use of the Site, including, without limitation, use of any service features or the E-Commerce; and
    • any breach or alleged breach of these Terms of Service.

  12. TERMINATION OF SERVICE

    The Operators may, in its sole discretion, change, suspend or discontinue any aspect of the Site at any time with or without notice, including the availability of any Site feature, database, or content. The Operators may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time, in the Operators' exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which the Operators believe is harmful to other customers, to the Operators' respective businesses, or to other information providers. Upon any termination of this agreement, you immediately discontinue your use of the Site and destroy all materials obtained from it.

  13. SOFTWARE

    Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software, program or service code, data or other items from this Site may be downloaded or exported

    • into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or
    • anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Operators do not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
  14. CHOICE OF LAW

    These Terms of Service shall be construed and controlled by the laws of the State of Texas, United States of America. Further, any disputes relating to these Terms of Service or anything contained on the Site will be governed by the laws of the State of Texas, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service or the Site shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the County of Collin, State of Texas, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Service.

  15. MISCELLANEOUS

    These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms of Service, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  16. ACCEPTANCE OF TERMS OF USE

    By using the Site, you signify your agreement to these Terms of Service in their entirety. If you do not agree with the terms included herein, you must not use the Site. The Sport Source® may change these Terms of Service at any time and in any manner, and your use of the Site after such changes are posted shall be deemed to indicate your acceptance thereto.

  17. PERMISSIONS

    If you are seeking permission to use The Sport Source® trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact sports@thesportsource.com.