THE PT WEBSITE
The PT Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the PT Website is the property of PT or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. PT hereby grants you a limited, nonexclusive, non-transferable, personal license to use the PT Website for personal or informational purposes only. Except as expressly authorized by PT in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post any portion of the PT Website for any purpose. All rights not expressly granted herein are reserved to PT and/or its licensors.
To use certain features of the PT Website or participate in certain activities sponsored by PT, we might ask you to register as a customer, user or participant. If so requested, each PT Website user must: (1) personally provide true, accurate, current and complete information on the PT Website's registration form (collectively, the "Registration Data"), (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete, and (3) register as a customer a maximum of one time. If, after investigation, PT has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current, incomplete or duplicated, PT may suspend or terminate any and all current or future use of the PT Website by that user. A user may receive passwords and account designations upon completing certain PT Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
The PT Website includes areas where you (recruits) can post text, links, images, videos and other materials about yourself, your personal information, your contact information, your athletic prowess, your academic achievements, and your college goals and aspirations. The PT Website includes areas where you (high school and college coaches) can post text, links, images, videos and other materials about yourself, your personal information, your contact information, your school information, evaluations of recruits and ratings of recruits. All information, data, text, software, music, sound, photographs, graphics, video, messages, evaluations, rankings or any other materials whatsoever, whether posted or transmitted to PT or the PT Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to PT to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. PT has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. PT shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. PT, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of PT Website users and the public.
RULES FOR CONTENT SUBMISSION
YOU MAY ONLY SUBMIT CONTENT IF YOU ARE 18 YEARS OR AGE OR OLDER. IF YOU ARE UNDER 18, YOUR PARENT OR GUARDIAN MUST AGREE TO THESE TERMS BEFORE SUBMITTING CONTENT. We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the PT Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the PT Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this PT Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from PT; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. PT shall not be liable in any way for any Content.
SCHOOLS, SPORTS ORGANIZATIONS AND RULES
The recruitment of college athletes is heavily regulated by rules established by high schools, state high leagues or organizations, colleges, college sports conferences and athletic organizations such as the NCAA, NAIA, CCCAA and the NJCAA (collectively the “Rule Makers”). PT IS NOT, WE REPEAT, NOT, RESPONSIBLE FOR YOUR USE OF THE SERVICES ON THE PT WEBSITE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER OR NOT YOUR USE OF THE PT WEBSITE IS CONSISTENT WITH THE RULES ESTABLISHED BY THE RULE MAKERS. IF YOU HAVE ANY QUESTIONS REGARDING WHETHER YOUR USE OF THE PT WEBSITE IS CONSISTENT WITH THE RULES OF THE RULES MAKERS, WE RECOMMEND YOU CONTACT THE RULE MAKERS OR A LAWYER, AGENT OR CONSULTANT FAMILIAR WITH THE RULES OF THE RULE MAKERS.
PT may terminate your use of the PT Website for: (1) breach of these Terms; (2) your abuse of PT Website resources or attempt to gain unauthorized entry to the PT Website; or (3) as required by law, regulation, court or governing agency order. PT's termination of any user's access to the PT Website may be effected without notice and, on such termination, PT may immediately bar any further access to the PT Website. PT shall not be liable to any user or other third party for any termination of that user's access to the PT Website.
The PT Website may provide links to other websites. PT exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
The PT Website is not intended for use by children. If you are under 13, you may not submit or post any information or material on the PT Website or otherwise provide such information to PT, including but not limited to personally identifiable information.
LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER'S USE OF THE PT WEBSITE IS AT HIS OR HER SOLE RISK. THE PT WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE PT WEBSITE. IN NO EVENT SHALL PT’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OR OTHERWISE EXCEED $10.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
"PREPTREE” is a trademark of PT. All other marks, names, and logos mentioned on the PT Website are the property of PT or their respective owners. Your use of the PT trademarks and other marks, names and logos set forth on the PT Website without prior written consent is strictly prohibited.
PT respects the intellectual property rights of others, and requires that the people who use the PT Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this PT Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit PT to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
This policy explains our information practices, defines your privacy options and describes how your information is collected and used.
This policy covers the website at www.preptree.com (the “PT Website”). The PT Website is owned and operated by Preptree, LLC, a limited liability company organized under the laws of Minnesota (“PT”). Should you have privacy questions or concerns, send an email to firstname.lastname@example.org.
By using the PT Website, you agree to the collection and use of information in the manner described in this policy. PT shall have the right at any time and without prior notice, at its sole discretion, to revise this policy. If we make material changes to this policy, we will notify you at this PT Website, by email, by means of a notice the next time you log in to the PT Website, or by means of a notice on the PT Website homepage. Such revisions and additions shall be effective immediately. You are responsible for reviewing the PT Website periodically for any modification to this policy. Any access or use of the PT Website by you after notice of modifications to this policy shall constitute and be deemed to be your agreement to such modifications.
INFORMATION COLLECTED AND INFORMATION PROVIDED
This policy applies to all information collected by PT on the PT Website and any information you submit to PT or post to the PT Website. You will most likely provide personal information to us when you register as a user of the PT Website, when you use the PT Website or when you participate in certain PT promotions or events. The personal information we may collect includes: the information you submit to PT or post to the PT website, your name, passwords, user names, addresses, email addresses, phone numbers, debit card information, credit card information and Pay Pal account information.
The PT Website may include areas that allow users to post or send information to the PT Website. When you post information to the PT Website, other site visitors can also view that information. We urge you to exercise caution when providing personally identifiable information to PT or the PT Website.
HOW WE USE INFORMATION
Our primary goal in collecting your information is to provide you with a personalized, relevant, and positive experience with the PT Website.
You can register on the PT Website to receive promotions and updates, or to be contacted for market research purposes. You can control your privacy preferences regarding such marketing communications (see the section below entitled “Your Privacy Preferences”).
From time to time, you may be invited to participate in optional customer surveys or promotions, and PT may request that you provide some or all of the above listed personal information in those surveys or promotions. We use information collected from surveys and promotions to learn about our customers in order to improve our services and develop new products and services of interest to our customers.
In addition to the personal information you supply, we may collect certain information to evaluate how visitors, guests, and customers use the PT Website. We collect data to make the PT Website work better for you in the following ways: to improve the design of the PT Website, to provide personalization on the PT Website and to evaluate the performance of our marketing programs. The technologies we may use to gather this non-personal information may include “IP” addresses, “cookies”, browser detection, and “weblogs”.
IP addresses define the Internet location of computers and help us better understand the geographic distribution of our visitors and customers and manage the performance of the PT Website. Cookies are tiny files placed onto the hard drive of your computer when you visit the PT Website, so we can immediately recognize you when you return to the PT Website and deliver content specific to your interests. You may modify your browser preferences to accept all cookies, be notified when a cookie is set, or reject all cookies. Please consult your browser instructions for information on how to modify your choices about cookies. If you modify your browser preferences, certain features of the PT Website may not be available to you.
We may detect the type of web browser you are using to optimize the performance of the PT Website and to understand the mix of browsers used by our visitors, guests, and customers. To learn about how people use our site, we examine weblogs, which show the paths people take through the PT Website and how long they spend in certain areas.
PT may contract with unaffiliated third parties to provide services such as customer communications, website analytics, advertising and other services. When we do this, we may provide your personally identifiable information to third parties only to provide those services, and they are not authorized to use your personally identifiable information for any other purpose.
Access to your data is limited to authorized PT staff or approved vendors. Although total security does not exist on the Internet, PT shall make commercially reasonable efforts to safeguard the information that you submit to PT or that PT collects.
USE OF THE PT WEBSITE BY CHILDREN
The PT Website is not intended for use by children under the age of 13.
YOUR PRIVACY PREFERENCES
When you sign up as a registered user of the PT Website you may begin receiving marketing communications such as e-mail newsletters, product and service updates and promotions. Our visitors generally find this type of information useful. If you do not want to receive these updates, you must “opt-out” by adjusting your user security settings on the top menu within the website.
HOW TO ACCESS OR CORRECT YOUR INFORMATION
You can access and maintain your personally identifiable information that we collect by sending us an email to email@example.com. To protect your privacy and security, we require a user ID and password to verify your identity before granting access or making corrections to such personally identifiable information.
DISCLOSURE OF INFORMATION
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order or legal process. It is also possible that PT would sell the company or all or substantially all of its assets. In any transaction of this kind, customer information, including your personally identifiable information, may be among the assets that are transferred. If we decide to so transfer your personally identifiable information, you will be notified by an email sent to the last known email address in our files and/or by notice posted on the PT Website.
PRIVACY AND OTHER WEBSITES
The PT Website may contain links to other websites. PT is not responsible for the privacy practices of these other sites. We encourage you to be aware when you leave our site, and to read the privacy statements of each web site that collects personally identifiable information. Some linked sites may be co-branded with our trademarks and those of our business partners. They may have the look and feel of www.preptree.com, but the URL in your browser window will indicate that you are visiting a different site. This policy only applies to information collected by PT.
The Terms constitute the entire agreement between each user and PT and govern each user's use of PT Website, superseding any prior agreements. The Terms and the relationship between each user and PT shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the Hennepin County, Minnesota. This PT Website is controlled and operated by PT from its offices within the State of Minnesota, United States of America. PT makes no representation that materials in the PT Website are appropriate or available for use in other locations. Those who choose to access this PT Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between PT and any user.