Terms and Conditions / Statement of Policy
“Pursue the Dream” TM
AthleticScholarshipsDirect.com Terms and Conditions –
Statement of Policy
Subscribers / State Athletic Association Officials/ Athletic Directors / Booster Club Officers/ Club Team Officers /College Coaches
THIS WEB PAGE IS A LEGAL DOCUMENT (“AGREEMENT”) BETWEEN YOU (“THE SUBSCRIBER”) AND Virtus Interactive LLC (“CORPORATION”). THIS AGREEMENT STATES TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THE AthleticScholarshipsDirect WEBSITE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND USING THE AthleticScholarshipsDirect.com WEB SITE.
BY USING AND ACCESSING THE AthleticScholarshipsDirect.com WEB SITE YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS AND USE THE AthleticScholarshipsDirect.com WEB SITE.
CORPORATION MAY REVISE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE BY UPDATING THIS AGREEMENT. YOU SHOULD VISIT THIS WEB PAGE PERIODICALLY TO REVIEW THE AGREEMENT.
TERMS AND CONDITIONS
These Terms and Conditions (“Agreement”) are made as of the Effective Date by and between Virtus Interactive LLC, a Delaware corporation with offices located at 1521 Concord Pike #301, Wilmington, DE 19803, County of Newcastle
(“Corporation”) and the Subscribers, as defined hereunder.
WITNESSETH WHEREAS, Corporation has developed and owns that certain AthleticScholarshipsDirect.com (as defined hereinafter) for use and access by Subscribers via the Internet; and
WHEREAS, Subscriber desires to access and use AthleticScholarshipsDirect.com in accordance with the terms and provisions of this Agreement;
NOW, THEREFORE, in consideration of the mutual benefits of the covenants and restrictions herein contained, Subscribers and Corporation hereby agree as follows:
ARTICLE I: RECITALS AND DEFINITIONS
Section 1.01 -- Recitals: The above recitals and identification of parties are true and correct.
Section 1.02 -- Definitions: The following definitions shall apply:
(1) Access: The term “access” and variants thereof (including, without limitation, “accessing” and “accessible”) shall mean to store data in, retrieve data from or otherwise approach, display, reproduce, frame, establish a Link to, or make use of (directly or indirectly) through electronic means or otherwise.
The term AthleticScholarshipsDirect.com shall mean that certain Web Site referred to as AthleticScholarshipsDirect.com, which is located on the Internet at www.AthleticScholarshipsDirect.com, including any and all Corporation Technology used, incorporated, stored or accessible therein, as implemented on the Corporation System and made accessible to Subscribers through the Internet using the Password.
(3) Effective Date: The term “Effective Date” shall mean the date the Subscriber receives the Password from Corporation or accesses AthleticScholarshipsDirect.com, whichever occurs first.
(4) Corporation Marks: The term “Corporation Marks” shall mean trademarks, trade names, service marks and trade dress of Corporation and parent companies, subsidiaries and affiliates of Corporation, including, without limitation, “AthleticScholarshipsDirect.com - Pursue The Dream”; “AthleticScholarshipsDirect.com High School Rewards”
(5) Corporation System: The term “Corporation System” shall mean computer systems and communication equipment used for hosting AthleticScholarshipsDirect.com and providing Subscriber access to the AthleticScholarshipsDirect.com.
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(6) Corporation Technology: The term “Corporation Technology” shall mean any and all Technology developed by or for Corporation
(7) Internet: The term “Internet” shall mean that certain global network of computers commonly referred to as the Internet, including (without limitation) the world wide web.
(8) Licensed Content: The term “Licensed Content” shall mean third party Technology incorporated in whole or part into AthleticScholarshipsDirect.com.
(9) Link: The term “Link” shall mean text, icons, graphic symbols that upon selection or activation, link or associate to, execute, access or retrieve an off-screen Web Site or Technology.
(10) Password: The term “Password” shall mean that certain password and SUBSCRIBER name assigned by Corporation to Subscriber for accessing
AthleticScholarshipsDirect.com as may be modified from time to time as provided hereunder.
(11) Policy Statement: The term “Policy Statement” shall mean those certain written statements of policies (in printed or electronic form) concerning access to AthleticScholarshipsDirect.com may be adopted by Corporation and as modified by Corporation from time-to-time.
(12) Restatements: The term “Restatements” shall mean Section 757 of the Restatement of Torts, Section 39 of the Restatement (Third) of Unfair Competition, Section 1 of the Uniform Trade Secrets Act and 18 U.S.C.§1839.
The term “Technology” shall mean information, data, ideas, works of authorship, computer software, source code, object code, executable code, software libraries, documentation, databases, database designs, data dictionaries, data models, fields, records, scripts, texts, interfaces, interface designs, screen displays, Web Sites, web pages, Links, visual works, graphic images, audio, video, compilations, formulas, methodologies, techniques, processes, procedures, adaptations, derivative works, computers, hardware, peripherals, components, networks, product lists, supplier lists and customer lists.
The term “Term” shall mean a period of time starting on the Effective Date and ending on the date either party cancels the Password as provided hereunder.
(15) Unauthorized Access: The term “Unauthorized Access” shall mean any access to AthleticScholarshipsDirect.com except for access during the Term for the exclusive purpose of viewing, browsing, retrieving, uploading and posting information on and ordering products through AthleticScholarshipsDirect.com using the Password on behalf of Subscriber in accordance with this Agreement.
(16) Unauthorized User:
The term “Unauthorized User” shall mean any individual who accesses AthleticScholarshipsDirect.com except for Subscriber and employees and agents of Subscriber authorized by Subscriber to access the AthleticScholarshipsDirect.com for purposes of viewing, browsing, retrieving, uploading and posting information on and ordering products through AthleticScholarshipsDirect.com during the Term using the Password on behalf of Subscriber in accordance with this Agreement.
(17) Web Site:
The term “Web Site” shall mean that certain multimedia interactive product which is a compilation of data, information, computer software, graphics, audiovisual, components and coding formatted for use on the world-wide-web of the Internet and commonly referred to as a web site.
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ARTICLE II: SCOPE OF USE
Section 2.01 –
Access: Corporation hereby grants Subscriber a non-exclusive, non-transferable and revocable license to access AthleticScholarshipsDirect.com, during the Term, solely for viewing, browsing, retrieving, uploading and posting information, and ordering products on or through the AthleticScholarshipsDirect.com, subject to the terms and
provisions of this Agreement.
Section 2.02 –
Policy Statement: During the Term, Subscriber shall comply with the Policy Statement. Corporation may modify the Policy Statement from time to time at the exclusive discretion of Corporation
Section 2.03 –
Password: Subscriber hereby accepts responsibility for, and shall be liable for, all access to AthleticScholarshipsDirect.com in connection with the Password. Subscriber shall be responsible for the confidentiality of the Password. Modification of the Password shall be subject to the approval of Corporation
Section 2.04 –
Unauthorized Access: Subscriber shall prevent Unauthorized Users from accessing the AthleticScholarshipsDirect.com. Subscriber shall prevent Unauthorized Access to AthleticScholarshipsDirect.com
Section 2.05 –
Cancellation: Corporation may cancel the Password, for convenience and in the exclusive discretion of Corporation, upon providing written notice of such cancellation to Subscriber in accordance with Section 5.06 of this Agreement. Subscriber may cancel the Password, for convenience and in the exclusive discretion of Subscriber, upon providing written notice of such cancellation to Subscriber in accordance with Section 5.07 of this Agreement. Upon cancellation of the Password, Subscriber shall immediately cease and desist any and all access to and attempts to access AthleticScholarshipsDirect.com.
ARTICLE III: INTELLECTUAL PROPERTY
Section 3.01 –
Ownership and Title: Title to AthleticScholarshipsDirect.com (excluding Licensed Content), including ownership rights to any and all patents, copyrights, trademarks and trade secrets in connection therewith shall be the exclusive property of Corporation
Section 3.02 –
Unauthorized Use: Subscriber shall not copy or download AthleticScholarshipsDirect.com without the prior written consent of Corporation, Subscriber shall not access, modify, reverse engineer, reproduce, display, perform or distribute, including (without limitation) by framing or similar means, AthleticScholarshipsDirect.com or content provided to Subscriber without the prior written consent of Corporation Subscriber shall not (directly or indirectly) promote, advertise, market or provide any Web Site similar to or competitive with AthleticScholarshipsDirect.com.
Section 3.03 –
Trademarks: Corporation shall retain all rights, title and ownership interests in the Corporation Marks and goodwill associated therewith. Subscriber acknowledges that, excepting the Corporation Marks, all other product, service and company names mentioned within AthleticScholarshipsDirect.com may be trademarks of their respective owners.
Section 3.04 –
Proprietary Information: Subscriber shall hold Corporation Technology in strict confidence and shall not access or disclose Corporation Technology except as otherwise permitted under this Agreement. Subscriber hereby acknowledges and agrees that the Corporation Technology derives independent economic value (actual or Potential) from not being generally known to other persons who can obtain economic value from its disclosure or use and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; is the subject of reasonable efforts under the circumstances to maintain its secrecy; and is a trade
secret as defined under the Restatements.
Section 3.05 –
No Contest: Subscriber shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of Corporation in connection with AthleticScholarshipsDirect.com
Section 3.06 –
Subscriber Submissions: Any Technology (except the Password and ordering information) uploaded, posted or submitted by Subscriber on AthleticScholarshipsDirect.com shall be deemed non-confidential.
ARTICLE IV: EXPRESS WARRANTIES
Subscriber hereby acknowledges and agrees that Corporation (including officers,
employees, agents, directors and independent contractors of Corporation has not made or granted to Subscriber any express warranties concerning AthleticScholarshipsDirect.com or any products and services offered through AthleticScholarshipsDirect.com.
Subscriber hereby acknowledges that AthleticScholarshipsDirect.com does not constitute grant of an express warranty concerning any products and services offered through AthleticScholarshipsDirect.com and Subscriber hereby waives any and all claims of warranty based on the AthleticScholarshipsDirect.com.
SECTION 4.02 –
WARRANTY LIMITATION: AthleticScholarshipsDirect.com IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND. CORPORATION, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS AND SUBSCRIBER HEREBY WAIVES ALL WARRANTIES BY CORPORATION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN CONNECTION WITH AthleticScholarshipsDirect.com AND PRODUCTS AND SERVICES OFFERED THROUGH AthleticScholarshipsDirect.com.
CORPORATION DOES NOT WARRANT AND SUBSCRIBER HEREBY WAIVES ANY WARRANTY THAT USE OF OR ACCESS TO AthleticScholarshipsDirect.com BY SUBSCRIBER WILL BE UNINTERRUPTED OR ERROR FREE. CORPORATION DOES NOT MAKE ANY WARRANTY AND SUBSCRIBER HEREBY WAIVES ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF AthleticScholarshipsDirect.com OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF AthleticScholarshipsDirect.com.
SUBSCRIBER HEREBY ACKNOWLEDGES AND AGREES THAT USE OF THE
INTERNET AND AthleticScholarshipsDirect.com SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF SUBSCRIBER AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND CODES OF CONDUCT GOVERNING THE INTERNET AND AthleticScholarshipsDirect.com.
Section 4.03 –
Inaccuracies: Subscriber hereby acknowledges that AthleticScholarshipsDirect.com may contain errors, inaccuracies and omissions. Subscriber shall assume any and all risk of loss, harm or damage associated with Subscriber access to and use of the AthleticScholarshipsDirect.com
SECTION 4.04 –
LIMITATION OF LIABILITY: CORPORATION SHALL NOT BE LIABLE FOR ANY LOST
PROFITS OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH (I) USE, PERFORMANCE OR OPERATION OF AthleticScholarshipsDirect.com;
(II) USE, PERFORMANCE OR OPERATION OF THE INTERNET OR USE OF THE
INTERNET BY SUBSCRIBER; (III) LOSS OF DATA; AND (IV) PRODUCTS AND SERVICES OFFERED THROUGH ATHLETICSCHOLARSHIPSDIRECT.COM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, AND REGARDLESS OF WHETHER CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE.
SECTION 4.05 -- LIMITATION OF DAMAGES: THE SOLE REMEDY OF SUBSCRIBER FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, ATHLETICSCHOLARSHIPSDIRECT.COM, AND PRODUCTS AND SERVICES OFFERED THROUGH AthleticScholarshipsDirect.com, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL BE MODIFICATION OF ATHLETICSCHOLARSHIPSDIRECT.COM, AS DETERMINED BY CORPORATION.
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Section 4.06 –
Indemnification: Subscriber shall release, defend, indemnify and hold harmless Corporation (including It’s officers, directors, employees, affiliates, contractors and agents) from and against any expense, loss, cost or liability (including, without limitation, attorney fees and paralegal fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use by Subscriber of the Internet, AthleticScholarshipsDirect.com or products or services offered through AthleticScholarshipsDirect.com(including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of AthleticScholarshipsDirect.com; (iii) Subscriber’s
negligence or any tortious acts (or failures to act) of Subscriber; (iv) products or services offered through AthleticScholarshipsDirect.com; and (v) any breach by Subscriber of the obligations of Subscriber under this Agreement.
Section 4.07 –
Export Assurance: Subscriber shall not perform any act in conflict with or in violation of the export laws and regulations of the United States of America, including (without limitation) the Export Administration Act, 50 U.S.C. §2401, et seq., the Export Administration Regulations, 15 C.F.R. Parts 730-774, the Arms Export Control Act, 22 U.S.C. §2751, and the International Traffic in Arms Regulations, 22 C.F.R. Parts 120-130, as amended.
Section 4.08 –
Links: Subscriber hereby acknowledges that AthleticScholarshipsDirect.com may contain Links to third party Web Sites. Any such Links are provided solely as a convenience to Subscriber and do not constitute an endorsement by Corporation of such Web Sites and the third party content therein.
ARTICLE V: MISCELLANEOUS
Section 5.01 –
Entire Agreement: This Agreement contains the entire understanding of the parties relating to the subject matter hereof and supersedes all previous verbal and written agreements between Corporation and Subscriber relating to the subject matter hereof.
Section 5.02 –
Amendments and Modifications: Excepting modifications made to the Policy Statement by Corporation and modifications made to this Agreement by Corporation, any alteration, modification or amendment of this Agreement shall be void unless such alteration, modification or amendment is in writing and signed by an authorized representative of Corporation
Section 5.03 –
Severability: If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
Section 5.04 –
Captions: The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Section 5.05 –
Governing Law: This Agreement shall be governed by the laws of the state of Delaware, without regard to any rules of conflict or choice of laws which may require the application of laws of another state, and venue shall be Wilmington, Delaware.
Section 5.06 –
Subscriber Notice: All notices to Subscriber shall be in writing. Notices to Subscriber shall be deemed delivered when posted conspicuously on AthleticScholarshipsDirect.com or when delivered to Subscriber electronically, by commercial overnight delivery service, by Certified or Registered Mail - Return Receipt Requested - or by hand. Notices to Subscriber shall be deemed given when dispatched. Notices posted conspicuously on AthleticScholarshipsDirect.com or delivered to Subscriber electronically (including, without limitation, electronic mail) shall be deemed written notices.
Section 5.07 –
Corporation Notice: All notices to Corporation shall be in writing. Notices to Corporation shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail – Return Receipt Requested - or by hand to the address set forth below for Corporation. Notices to Corporation shall be deemed given on the date notice is received by Corporation (as evidenced in the case of Certified or Registered Mail by ReturnReceipt).
V2 6 FRM 202
Virtus Interactive LLC
1521 Concord Pike #301,
Wilmington, DE 19803,
County of Newcastle
Section 5.08 –
Pronouns/Gender: Pronouns and nouns shall refer to the masculine, feminine, singular or plural as the context shall require.
Section 5.09 –
Remedies: All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. The parties hereby acknowledge and agree that damages at law will be an inadequate remedy to Corporation In addition to remedies at law and other rights which may be available, Corporation shall have the right of specific performance, injunction or other equitable remedy (including, without limitation, the
right to such equitable remedies prior to or pending arbitration) in the event of a breach or threatened breach of this Agreement by Subscriber.
Section 5.10 –
Waiver: Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
Section 5.11 –
Survival: The terms and provisions of Sections 2.04 and 2.05 and Articles I, III, IV and V of this Agreement shall survive cancellation of the Password.
Section 5.12 –
Public Announcements: All public announcements concerning AthleticScholarshipsDirect.com or the relationship of Subscriber and Corporation shall be subject to the prior written approval of Corporation
Section 5.13 –
Arbitration: Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association in Wilmington, Delaware. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Three Qualified Arbitrators shall be selected by the parties in accordance with the Arbitration Rules of the American Arbitration Association. Each party shall have the right of discovery as set forth in the Federal Rules of Civil Procedure.
Section 5.14 –
Litigation Expense: In the event of litigation or arbitration arising out of or relating to this Agreement, each party shall pay its own costs and expenses of litigation or arbitration (excluding fees and expenses of arbitrators and administrative fees and expenses of arbitration).
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AthleticScholarshipsDirect.com -Virtus Interactive LLC
Statement of Policy
Subscriber: The term “Subscriber” shall mean the individual or entity assigned the password used to access AthleticScholarshipsDirect.com.
You agree that your use of this website will not violate any local, national or international law. All of the information you have provided AthleticScholarshipsDirect.com.com and Virtus Interactive LLC is completely accurate and truthful. You have not and will not unrightfully access information (you have not and will not access other user's passwords, usernames, etc.) By registering for a college coach's account, you must be a NCAA FBS, FCS, or Division III or other college athletic association head coach, assistant coach and/or official collegiate recruiter.
By registering your High School for the High School Partner Rewards program, you must be currently employed by a State Athletic Association, an accredited high school as an Athletic Director at the High School for which you are registering, A duly elected Athletic Booster Club officer, or a Club team officer. As a parent, by registering your student-athlete, the student-athlete must in fact be a high school student-athlete or college student who is looking to transfer to another university as a NCAA athlete.
By registering untruthfully as a Parent for a student-athlete, a student-athlete, State Athletic Association Officer, Athletic Director, Booster Club Officer, college coach, high school coach or club coach you can and will be held liable for your actions and the consequences. This is considered unlawful access to information and Athletic Scholarships Direct reserves the right to pursue further action. You have not and will not access those files reserved solely for AthleticScholarshipsDirect.com administrators and Virtus Interactive LLC.
You will not solicit other AthleticScholarshipsDirect.com users and/or members. Soliciting registered users of AthleticScholarshipsDirect.com, by either State
Athletic Association Officers, High School Athletic Directors, Club Team
Officers, recognized Administrators, Booster Club Officers or school Athletic Directors, coaches or athletes, is strictly prohibited. Legal action will be taken against any and all persons or companies soliciting registered users of AthleticScholarshipsDirect.com.
You have not and will not use any of AthleticScholarshipsDirect.com’s and Virtus Interactive LLC's material (logos, graphics, art works, text, articles, database, internet coding, etc) without written permission from Virtus Interactive LLC / AthleticScholarshipsDirect.com and the documents provided by Virtus Interactive LLC / AthleticScholarshipsDirect.com, especially the links and documents provided in the “Virtual Recruiting Classroom” are for your personal and non-commercial 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 AthleticScholarshipsDirect.com without the express permission of Virtus Interactive LLC.
Virtus Interactive LLC / AthleticScholarshipsDirect.com is not responsible for the actions of those users (Athletic Directors, Coaches, Parents and Student-Athletes) who do not abide by NCAA regulations.
AthleticScholarshipsDirect.com is in no way partnered with the NCAA, NAIA or NJCAA. All users are responsible for their own actions. All users are responsible for knowing and abiding by, the NCAA's, NAIA's, or NJCAA's rules, regulations, and laws. Neither AthleticScholarshipsDirect.com or Virtus Interactive LLC is responsible for State
Athletic Association Officers, High School Athletic Directors, Club Team
Officers, recognized Administrators, Booster Club Officers, HIgh School or College Coaches, Recruiters, or Parents and/or Student-Athletes who violate NCAA, NAIA, NJCAA or specific sport governing body rules and regulations. Violators are subject to account termination.
AthleticScholarshipsDirect.com does not promote any violations of NCAA, NAIA, NJCAA or specific sport governing body rules or regulations.
The information presented on AthleticScholarshipsDirect.com is provided as a service to Subscribers and does not constitute binding advice regarding compliance with NCAA rules and Bylaws with regards to the process of securing a college athletic scholarship or achieving/maintaining eligibility as a prospective student-athlete.
While AthleticScholarshipsDirect.com makes every effort to ensure the accuracy and veracity of the information provided, due to the dynamic nature of electronic forms, links and web sites, we make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information presented on AthleticScholarshipsDirect.com.
Certain portions, components, Content and features of the Web Site are only available to users who purchase a subscription (“Fee-Based Services”). As a subscriber to one of the Fee-Based Services, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment which AthleticScholarshipsDirect.com may accept from time to time), the fixed and periodic charges and fees set forth on this Web Site, applicable taxes, and other charges and fees incurred in order to access Fee-Based Services. The charges and fees on this Web Site are expressed in United States dollars and your credit card or other account will be charged in United States dollars after the 14 Day Free trial Period.
B. AthleticScholarshipsDirect.com reserves the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Web Site or such other means as AthleticScholarshipsDirect.com may deem appropriate from time to time (including electronic mail or conventional mail).
C. AthleticScholarshipsDirect.com will automatically charge your credit card or other account at the start of the standard billing period and at the start of each renewal period, unless you terminate or cancel your subscription in writing to: CustomerServices@athleticsholarshipsdirect.com within 3 business days before the relevant renewal period begins or immediately before the expiration of the 14 day free trial period. The renewal charge will be equal to the current, regular priced selected subscription rate, unless AthleticScholarshipsDirect.com notifies you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use the Fee-Based Services you reaffirm your agreement that AthleticScholarshipsDirect.com may charge your credit card (or other form of payment, if applicable). In the event AthleticScholarshipsDirect.com cannot charge your account, AthleticScholarshipsDirect.com reserves the right to terminate your access to our Fee-Based Services and the Web Site.
D. In addition to the fees and charges set forth above, Subscribers are responsible for all charges and fees associated with connecting to the Web Site and the Fee-Based Services, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to a access the Fee-Based Services.
E. For purposes of your use of the Fee-Based Services including identification and billing, you agree to provide AthleticScholarshipsDirect.com with true, accurate and complete information as required by the subscription or sign up process to Fee-Based Services ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow AthleticScholarshipsDirect.com to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data to keep it accurate.
Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or AthleticScholarshipsDirect.com has reasonable grounds to suspect that such is the case, AthleticScholarshipsDirect.com reserves the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of the Web Site (or any portion thereof) or any of the Fee-Based Services. You are obligated to check the Web Site to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information
F. REFUND / CANCELLATION POLICY
AthleticScholarshipsDirect.com provides a conditional satisfaction guarantee for the Fee-Based Services offered via the Web Site. If a user is not satisfied with the Fee-Based Services which have been delivered, AthleticScholarshipsDirect.com may, but is not required to provide a refund for the remainder of the membership term.
Any refund agreed to and provided by the Corporation will be pro-rated based on the activation date of the Subscription and the 25% of said subscription which is paid to the Subscribers High School, Booster Club or High School Governing Body, e.g.; a Unified School District Athletics Governing Body, as part of the AthleticScholarshipsDirect.com High School Rewards Program, and minus all fees associated with processing the initial transaction; e.g.: Credit Card Issuer, Payment Gateway, and Merchant Bank Fees, Commissions, Affiliate payments.
Refund requests must be submitted in writing to CustomerServices@athleticscholarshipsdirect.com
First-time Subscribers (non-renewals) may request the cancellation of their Subscription within Three Business Days (3) of their initial registration and processing of payment for the Fee-Based Services offered by the Web Site by submitting their request in writing to: CustomerServices@athleticscholarshipsdirect.com
Approved Cancellations after the 14 day free trial period will be refunded minus all fees associated with processing the initial transaction; e.g.: Credit Card Issuer, Payment Gateway, and Merchant Bank Fees
High School Partner Rewards Program
Only accredited State
Athletic Associations, US High Schools (Public and Private), Officially Affiliated High School Booster Clubs and Accredited Club Teams are eligible to join our High School Partner Rewards program. Here is how High School Partner Rewards Program works:
- Fill out the form with the information we need to send you checks (State
Athletic Associations, High School, Officially Affiliated High School Athletic Booster Club, Accredited Sports Club, Your name, Title, address, email, etc)
- After clicking "Register" you'll receive a confirmation email containing your unique tracking code and other important information
- This link contains your unique tracking code which is how we identify people you've referred. Give it to Schools, Parents, your Officially Affiliated Athletic Booster Club, or use it on your website, in emails or on printed fliers.
- This email will also have directions on how to access your personal affiliate homepage which shows up-to-date statistics on how much you've earned.
High School Rewards Program Partner / Affiliate Payment Terms –
Corporation agrees to pay each approved and currently registered State
Athletic Association, High School, Officially Affiliated Athletic Booster Club, Chartered Sports Club organization or Approved Affiliate 25% for each Parent or Student–Athletes that you refer from your State
Athletic Association, High School, Officially Affiliated Athletic Booster Club, Chartered Sports Club or Affiliate web site to our service who registers for a Subscription.
Payments relating to the AthleticScholarshipsDirect.com High School Rewards Program will be issued on a Quarterly basis to participating High Schools, Officially Affiliated High School Booster Clubs, Chartered Sports Club organization or Approved Affiliate within sixty (60) days from the close of the previous quarter.
For the purposes of calculating award program payments, the standard recognized Fiscal Year calendar will be used; Quarter I - January 1 through March 31, Quarter II – April 1 through June 30, Quarter III – July 1 through September 30, Quarter IV – October 1 through December 31.
Athletic Associations, High School Partners, Booster Clubs, Sports Clubs and Affiliates are prohibited from bidding on keywords in any search engine that apply to the AthleticScholarshipsDirect.com trademarks (AthleticScholarshipsDirect.com, ASDHSR.com, ASDHSR.Info) or represent any misspellings or permutation of our brand name -- including, but not limited to: AthleticScholarshipsDirect.com, AthleticScholarshipsDirect.org, AthleticScholarships.com, AthleticScholarshipsDirect.us, ScholarshipsDirect.com, etc.
High School Rewards Partner Use of Marks
Athletic Associations, High School Partners, Approved, Officially Affiliated Athletic Booster Clubs, Accredited Sports Clubs and Approved Affiliates are granted the limited license to use The AthleticScholarshipsDirect.com “Pursue the Dream” Trademark to market their participation in the AthleticScholarshipsDirect.com proprietary High School Rewards program (pat.pend.). This limited license will include:
· Use on Approved State
Athletic Association, High School Partner, Officially recognized Athletic Booster Club, Accredited Sports Club and Approved Affiliate Web Sites as a link. Corporation to provide approved artwork by electronic transfer upon request.
· Use, limited to Black and White reproduction, for Approved State
Athletic Associations, High School Partner, Officially Recognized Athletic Booster Club, Accredited Sports Club and Approved Affiliate on the following printed materials: Brochures, Flyers, Posters
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