1. Terms and Definitions
2. Introduction
3. Your Account
4. User Representations
5. Reviews, Comments, and Other User Posts
6. Registered User Materials
7. License Use and Restrictions
8. Intellectual Property
9. Disclaimers
10. Limitation of Liability
11. Governing Law and Dispute Resolution
12. Final Provisions
13. Contact Information
1. Terms and Definitions
Capitalized terms, unless otherwise defined, shall have the meaning specified below:
Content refers to all text, information, graphics, audio, video, and data offered through the Website collectively.
Legal Terms refer to the Terms of Use, Terms of Sale, Privacy Policy, and other posted guidelines within the Website collectively.
Premium Membership is a service consisting of the provision of special digital content within the Website and a personalized consultation with one of our specialists via phone, which can be purchased by a Registered User through the Website against a payment of subscription fee.
Registered User is an individual (natural person) that has signed up at the Website and created an account (profile) in order to use our Service. This person must be over 13 years of age or represented by a legal guardian.
Registered User Materials refer tomaterials and information including videos, photographs, biographical information and other materials which may be posted, submitted, shared and/or published from or within an account of a Registered User.
RekrutMe refers to Rekrut Me s.r.o., a limited liability company incorporated in the Czech Republic, with registered seat at Bořivojova 878/35, 130 00 Prague 3, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague under File Reference C 194825.
RekrutMe Parties refer to agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners of RekrutMe and those acting with authority of the foregoing.
Service refers to the collective functionality and features as offered through the Website to our Registered Users.
Us or We or Our (even in lower case) refer to RekrutMe, the owner and operator of the Website.
User is a collective identifier that refers to either a Visitor or a Registered User.
Visitor is someone who merely browses the Website, but has not registered as a Registered User.
Website means our website https://www.rekrut.me, its sub-domains, and any associated web‑based and mobile applications as owned and operated by RekrutMe.
2. Introduction
2.1. This webpage represents a legal document that serves as our Terms of Use and it governs the legal terms of the use of the Website as owned and operated by RekrutMe.
2.2. These Terms of Use, along with our Terms of Sale, Privacy Policy, and other posted guidelines within the Website, constitute the entire and only agreement between you and RekrutMe, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein.
2.3. Please read these Terms of Use carefully. By accessing the Website, you agree to be bound by these Terms of Use. If you do not agree to any of the terms and conditions below, do not access the Website. By accessing the Website, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in this Website are protected by applicable copyright and trademark law.
2.4. We may amend our Legal Terms at any time without prior written notice. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to each purchase using our Website. Any such change or revision shall become effective immediately upon posting and you hereby agree to be bound to any such changes to them.
2.5. Our Service is intended for use by individuals older than 13 years of age (see the definition of Registered User). Protecting the privacy of children is important to us. There is no need for the recruiting process to start earlier than a student’s first year in secondary school (high school freshman) and children below that age may, therefore, not use the Website as Registered Users. If you use the Website as a Registered User, you confirm that you are at least 13 years of age or represented by a legal guardian.
3. Your Account
3.1. Once you sign up at the Website, you have created an account, which allows you to access the Registered User interface. From your profile, you can then make purchases, in particular upgrade to Premium Membership. It is strictly prohibited to allow access to your account to any third parties.
3.2. If you utilize the Website, it is your responsibility to ensure the confidentiality of your account and password and you accept responsibility for all activities that happen under your account.
3.3. RekrutMe does not guarantee the truthfulness, precision, or reliability of any data on the Website provided by other Users. Each Registered User is accountable for upgrading and changing any pertinent account information when essential to preserve the truthfulness, precision, or reliability of the details.
3.4. You shall keep confidential all personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of personal nature regarding other Users, that you may obtain from the Website. Your disclosure of any of the data according to the previous sentense on the Website or elsewhere without a prior written express consent of the data subject might result in the immediate termination of your account.
3.5. RekrutMe additionally reserves the right to refuse to provide Service (e.g. due to web maintanance), terminate accounts (e.g. if unused for longer periods of time, due to breach of Legal Terms, etc.), and remove or edit Content at its sole discernment.
4. User Representations
4.1. You agree that your use of the Website will not violate any local, national or international law. All of the information you have provided on the Website is completely accurate and truthful. You have not and will not access unrightful information. You also will not access other Users' passwords, usernames etc.
4.2. By registering as a coach, you must be a NCAA Division I, II, or II, NAIA, or NJCAA head coach, assistant coach and/or official collegiate recruiter. By registering as an athlete you must in fact be an athlete (or the parent of the athlete) who is currently in secondary school (high school) or a college student who is looking to transfer to another university. By registering untruthfully as an athlete or college/university coach, you can and will be held liable for your actions and the consequences. This is considered unrightful access to information and RekrutMe reserves the right to pursue further action.
4.3. You have not and will not solicit other Users. Soliciting Registered Users, either coaches or athletes, is strictly prohibited. Legal action will be taken against any and all persons or companies soliciting Registered Users.
4.4. RekrutMe is not responsible for the actions of those Users (both coaches and athletes) who do not abide by NCAA, NAIA, or NJCAA regulations. RekrutMe is in no way affiliated with any of the sports-governing bodies. All Users are responsible for knowing the prevalent rules, regulations and laws. All Users are responsible for their own actions and RekrutMe is not responsible for coaches and/or athletes who violate NCAA, NAIA, NJCAA or specific governing body rules and regulations. RekrutMe is not responsible for any misinterpretation by either an athlete, his or her family or legal guardian, a coach or a school. RekrutMe has the right to terminate the aacount of any User where RekrutMe feels that the User has violated these Terms of Use.
5. Reviews, Comments, and Other User Posts
5.1. Users of the Website might post evaluations and remarks regarding purchases on the Website, as long as the content is not unlawful, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include industrial solicitation, mass mailings, or any type of spam. You may not use another User's account to impersonate a User or entity, or otherwise deceive as to the origin of the opinions. RekrutMe reserves the right (however is not bound) to eliminate or modify such content, but does not regularly examine posted content.
5.2. If you post an evaluation or send comments, and unless RekrutMe suggests otherwise, you grant RekrutMe a non‑exclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant RekrutMe the right to utilize your name in connection with such content, if we choose to do so. You represent and require that you own or otherwise control all the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate our Legal Terms and will not trigger injury to anyone or entity. You agree to indemnify RekrutMe for all claims resulting from the content you supply. RekrutMe has the right but not the commitment to edit and keep track of or eliminate any task or content. RekrutMe takes no duty and assumes no liability for any content published by you or any thrid party.
6. Registered User Materials
6.1. If you are a Registered User, our Website may allow you to post, submit, share and/or publish Registered User Materials from or within your account. You are solely responsible for the consequences of posting, submitting, sharing and/or publishing Registerd User Materials on and/or to our Website. You agree not to post, submit, share and/or publish Registered User Materials that are protected by patents, trademarks, copyright, or proprietary rights and you warrant that you own the entire right, title and interest in and to them.
6.2. You hereby grant the RekrutMe Parties a worldwide, non-exclusive, perpetual, irrevocable, royalty free, transferable and sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index crawl, create algorithms based on, modify and/or transcode Registered User Materials in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the internet, in publication and advertisements, at scouting/recruiting events and in kits distributed to media. You further hereby irrevocably consent and allow the RekrutMe Parties to use and share the name, voice, biographical information, appearance, features, characteristics, personas, forms and/or images of, as well as any statement made by the individual in such Registered User Materials. You also hereby irrevocably waive against the RekrutMe Parties all moral rights and rights of restraint in such Registered user Materials.
6.3. You hereby fully release, forever discharge, hold harmless and agree to defend and indemnify the RekrutMe Parties from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys' fees), that you or any third party shall or may have arising out of or in connection with the use of Registered User Materials.
6.4. You acknowledge that RekrutMe reserves the right to use Registered User Materials for marketing, promotional and advertising purposes. Additionally, RekrutMe has the right to pre‑screen, pre‑approve, refuse and/or remove from the Website, without prior notice, any Registered User Materials.
7. License Use and Restrictions
7.1. Permission is granted to temporarily download one copy per account of the digital content (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a) modify or copy the materials;
b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c) attempt to decompile or reverse engineer any software contained on the Website;
d) remove any copyright or other proprietary notations from the materials; or
e) transfer the materials to another person or "mirror" the materials on any other server.
7.2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by RekrutMe at any time. Upon terminating your viewing of the digital content or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
7.3. Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You may not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of RekrutMe without its prior written express consent. You may not use any meta tags or any various other unseen text utilizing RekrutMe’s name or trademarks without its prior written express consent. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the provided digital content, in any way for any public function, in connection with services or products that are not those of RekrutMe, in other way that is likely to trigger confusion among consumers, that disparages or challenges RekrutMe or its licensors, that dilutes the strength of RekrutMe’s or its licensor's residential property, or that otherwise infringes RekrutMe’s or its licensor's copyright rights. You also agree to abstain from abusing any of the material that appears on the Website. The use of the Content on any other website or in a networked computer system environment for any purpose is prohibited. Any code that RekrutMe develops to generate or show any Content of the pages making up the Website is likewise secured by RekrutMe’s copyright, and you may not copy or adjust such code.
7.4. RekrutMe has no duty to keep track of any products published, transferred, or connected to or with the Webite. If you think that something on the Website breaches these Terms of Use please contact us.
7.5. If alerted by a User of any Content which allegedly does not conform to these Terms of Use, RekrutMe shall in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the respective part of the Content. RekrutMe has no liability or duty to Users for efficiency or nonperformance of such activities.
7.6. The Content on the Website may include technical, typographical, or photographic errors. RekrutMe does not warrant that any of the Content on the Website are accurate, complete, or current. RekrutMe may make changes to the Content of the Website at any time without prior notice. RekrutMe does not, however, make any commitment to update the Content.
8. Intellectual Property
8.1. The Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of the Website does not constitute any right or license for you to use such service marks or trademarks, without the prior written express consent of the corresponding service mark or trademark owner. The Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of the Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in the Website.
8.2. All texts, graphics, photographs, videos, user interfaces, trademarks, logos, sounds and music contained on or comprising our site, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and "look and feel" of our site, and the software comprising and/or embodying the foregoing, with the exception of Registered User Materials and other content from the Users, are owned, controlled or licensed by or to RekrutMe. They are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws.
8.3. The Website may contain links to third‑party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third‑party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. RekrutMe has no control over the legal documents and privacy practices of third party websites; as such, you access any such third‑party websites at your own risk.
9. Disclaimers
9.1. RekrutMe makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, RekrutMe does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on the Website or otherwise relating to such Content or on any websites linked to the Website. Neither RekrutMe nor the Website has control over the quality or fitness for a particular function of the Content. RekrutMe likewise has no control over the accuracy, reliability, completeness, or timeliness of the information or materials submitted by the Users and makes no representations or warranties about any information on the Website.
9.2. The Website and all details, content, materials, products (including software application) and services consisted of on or otherwise made available to you through the Website are provided by RekrutMe on an "as is" and "as available" basis, unless otherwise specified in writing. RekrutMe makes no representations or warranties of any kind, express or implied, about the operation of the Website or the information, materials, products (including software) or services consisted of on or otherwise made available to you through the Website, unless otherwise pointed out in writing. You expressly agree that you use the Website at your own risk.
9.3. To the complete extent permissible by applicable law, RekrutMe disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and physical fitness for a particular purpose. RekrutMe does not warrant that the Website, any details, content, materials, products (including software application) or services consisted of on or otherwise made available to you through the Website, its servers, or e‑mail sent from RekrutMe are without viruses or other harmful elements. RekrutMe shall not be liable for any damages of any kind arising from the use of the Website or from any details, content, materials, products (including software application) or services consisted of on or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise pointed out in writing. Under no scenario shall the liability of RekrutMe developing from or in connection with the Website or your use of the Website, despite the reason for action (whether in agreement, tort, breach of service warranty or otherwise), go beyond USD 100.
10. Limitation of Liability
10.1. Your use of the Website is at your sole risk. RekrutMe is not responsible for any problems or technical malfunctions. RekrutMe is not responsible for any injury or damage to any devices belonging to any User or any other person related to or resulting from the use of the Website, including viewing, playing or downloading any Content on or from the Website.
10.2. RekrutMe assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation, communication line failure, theft, destruction or unauthorized access to, or alteration of, user or user communication. Under no circumstances will RekrutMe and RekrutMe Parties be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses (including and without limitation loss of profits, revenue, goodwill, use data or other intangible losses) whether based in contract, tort, strict liability or otherwise, arising out of, or inability to use the Website.
11. Governing Law and Dispute Resolution
11.1. Any claim relating to the Website shall be governed by the laws of the Czech Republic without regard to its conflict of laws provisions. Our Legal Terms shall be treated as though they were executed and performed in the Czech Republic and shall be governed by and construed in accordance with the laws of the Czech Republic without regard to its conflict of laws provisions.
11.2. You hereby agree that all disputes arising from and in connection with the use of the Website are subject to the exclusive jurisdiction of the District Court of Prague 3 (Obvodní soud pro Prahu 3), Czech Republic. Any cause of action by you with respect to the Website, must be instituted within one year after the cause of action arose or be forever waived and barred.
12. Final Provisions
12.1. You are connecting with us electronically when you visit the Website or communicate with us (e.g. e‑mail). You consent to get interactions from us via electronic means. We will connect with you by e‑mail or by uploading notifications on the Website. You agree that all contracts notifications, disclosure, and various other communications that we provide to you digitally shall confirm to legal requirements of such communications which is to be made in writing.
12.2. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website. RekrutMe reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your account or purchase, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, account, e‑mail addresses, usage history, your Registered User Materials, IP addresses and traffic information, as allowed under our Privacy Policy.
12.3. RekrutMe may revise these Terms of Use for the Website at any time without prior notice. By using this Website you are agreeing to be bound by the then current version of these Terms of Use.
12.4. Should any part of our Legal Terms be held invalid or unenforceable, such part shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in the Website conflicts or is inconsistent with the Legal Terms, the Legal Terms shall prevail.
12.5. Our failure to enforce any provision of the Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of RekrutMe under the Legal Terms shall survive the termination of the Legal Terms.
12.6. These Terms of Use take effect as of July 1, 2019.
13. Contact Information
In case of any questions about our Terms of Sale, please contact us at info@rekrut.me.
