Signing Day Sports, LLC


Last Modified: February 11th, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Signing Day Sports, LLC, an Arizona limited liability company (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of our website (the “Website”), our mobile applications (the “Mobile Applications”), including any content, features, functionality, and services offered on or through, or accessible on or through, the (collectively, with the Website and Mobile Applications, the “Applications“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Applications. BY USING THE APPLICATIONS OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT signingdaysports.com/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE APPLICATIONS.

This Applications are offered and available to users who are over 13 years of age and reside in the United States or any of its territories or possessions. By using the Applications, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Applications.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Applications thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Applications.

Your continued use of the Applications following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Applications so you are aware of any changes, as they are binding on you.

Accessing the Applications and Account Security

We reserve the right to withdraw or amend the Applications and any service or material we provide on the Applications, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Applications is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Applications to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Applications.

Ensuring that all persons who access the Applications through your internet connection are aware of these Terms of Use and comply with them.

To access the Applications or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Applications that all the information you provide on the Applications is correct, current, and complete. You agree that all information you provide to register with the Applications or otherwise, including, but not limited to, through the use of any interactive features on the Applications (including player interviews, performance videos, and statistical data) is governed by our Privacy Policy signingdaysports.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Applications or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

User Requirements and Licenses

All Users – General License. Subject to these Terms of Use, our Company grants to you a limited, personal, non-exclusive, and nontransferable license to (a) download, install, and use the Mobile Applications for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with the Mobile Application’s documentation; and (b) to access, stream, download, and use on such Mobile Device the Applications designed for such Mobile Device strictly in accordance with this these Terms of Use and in accordance with their intended design. You shall not: (aa) copy the Applications, except as expressly permitted by this User Requirements and License to Applications section; (bb) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Applications; (cc) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Applications or any part thereof; (dd) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Applications, including any copy thereof; (ee) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Applications, or any features or functionality of the Applications, to any third party for any reason, including by making the Applications available on a network where it is capable of being accessed by more than one device at any time; (ff) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Applications; or (gg) use the Applications in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

You acknowledge and agree that the Applications are provided under license, and not sold, to you. You do not acquire any ownership interest in the Applications under this Agreement, or any other rights thereto other than to use the Applications in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Our Company and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Applications, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

By using the Applications or creating an account, you agree, as a condition to your use of the Applications, to pay all fees and charges charged by us for use of the Applications, including any fees set out in the applicable Mobile App store through which a Mobile App is downloaded, any fees of our third party service providers, and any in-app purchases or subscription fees (collectively, the “Fees”). In addition to all other remedies, we reserve the right to terminate or revoke your access to the Applications (including any User Contributions) for failure to pay any and all Fees. If we use a third-party service provider to collect the Fees, you agree to maintain the requisite accounts with such third-party service providers and pay the corresponding transaction charges charged by such persons.

Players – Rights You Grant to Others. Some parts of the Applications allow you (with respect to student athletes, referred to herein as “Players”) to upload or post content relating to your performance as an athlete, including performance videos, performance statistics, interview responses, and other information that may be applicable to your sports performance, which may include your likeness (“Performance Data”). When a coach, recruiter, or other teaching professional or institution (each, a “Coach”) obtains a license to use or access your Performance Data or downloads Performance Data from you or the Applications, you hereby grant to them and their co-workers, affiliates, teachers, and staff, a perpetual, irrevocable, worldwide royalty-free license to use and access the Performance Data to:

  • Analyze and review your performance as a Player.
  • Compare your Performance Data with the Performance Data of other Players.
  • Maintain and store archive copies of the Performance Data for future reference.
  • We reserve the right to make your Performance Data unavailable until you have completed all necessary data fields and account requirements, as determined by us in our sole discretion.

In addition to the license above, you also hereby grant to us and our affiliates, third-party service providers, assignees, successors, and representatives, a perpetual, irrevocable, worldwide, royalty-free license to use and access the Performance Data for any purpose permitted by law, including to update your user account, remove content from your user account, improve our services, create archive copies of the Performance Data, or enforce these Terms of Use or fulfill our legal obligations.

Players – Restrictions on Editing. Some parts of the Applications allow Players to upload responses to interview questions. You, as a Player, understand that your responses to interview questions may not be edited by you and that your responses are intended to capture real-time responses. We reserve, and you hereby grant to us, the right to terminate, modify, archive, or maintain your interview responses in any form, in our discretion. Further, some parts of the Applications allow Players to upload videos of their athletic performance. We reserve, and you hereby grant to us, the right to terminate, modify, archive, or maintain your videos in any form, in our discretion.

Coaches – Rights You Receive From Players. Some parts of the Applications allow you (with respect to Coaches) to retrieve or access Performance Data of Players to analyze their performance as an athlete and prospective student of your institution, to use the Performance Data as set out above in the license grant of the Player set forth in the Players – Rights You Grant to Others section above. Unless otherwise expressly permitted by us or the Player:

  • The Performance Data will be used for your personal, internal use only.
  • You may not use the Performance Data, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity.
  • You may not post or otherwise make the Performance Data available on any other website or application other than our Applications.
  • You may not share, send, sell, sublicense, or transfer the Performance Data to someone else. Each individual user of the Applications must have a separate account with us and pay the corresponding Fees for such account before being permitted to access the Performance Data or use the Applications.

Players and Coaches – Individual and Group Accounts. Each Player may only be assigned a single user account and license to the Applications that may not be shared with other users or assigned to any other person. Each Player will be responsible for ensuring that all account data is correct and accurate. Each Coach may only be assigned a single user account and license to the Applications that may not be shared with other users or assigned to any other person; provided, that we may, at our discretion, provide an institutional Coach (such as a school or university) with an institutional-level account or license; provided, further, that:

  • Each institutional Coach will be responsible for establishing, maintaining, and tracking an individual sub-account for each individual user of the Coach that accesses the Applications and ensuring that all data for each individual user is correct and accurate.
  • Each institutional Coach will be responsible for paying all Fees for each individual sub-account for each individual user of the Coach that accesses the Applications.

We may audit your account, network, or facilities, at our discretion, to ensure that you have maintained the requisite number of user accounts for all users accessing the system and may assess additional Fees and penalties in the event that we determine additional user accounts are needed.

Intellectual Property Rights

The Applications and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Applications for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Applications, except as follows:

  • Your computer and mobile device may temporarily store copies of such materials in its internal memory incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may download a single copy of our Mobile Applications to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Use with respect to such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from our Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text from our Website.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Applications.

You must not access or use for any commercial purposes any part of the Applications or any services or materials available through the Applications.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Applications in breach of the Terms of Use, your right to use the Applications will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Applications or any content on the Applications is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Applications not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, including the term “Signing Day Sports”, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Applications are the trademarks of their respective owners.

Prohibited Uses

You may use the Applications only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Applications:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries and laws prohibiting the use of data of minors).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Applications, or which, as determined by us, may harm the Company or users of the Applications, or expose them to liability.

Additionally, you agree not to:

  • Use the Applications in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Applications, including their ability to engage in real time activities through the Applications.
  • Use any robot, spider, or other automatic device, process, or means to access the Applications for any purpose, including monitoring or copying any of the material on the Applications.
  • Use any manual process to monitor or copy any of the material on the Applications, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Applications.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Applications, the server on which the Applications is stored, or any server, computer, or database connected to the Applications.
  • Attack the Applications via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Applications.

User Contributions

The Applications may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, video and interview response applications, and other interactive features (collectively, “Interactive Services“) that allow users (including Players) to post, submit, publish, display, or transmit to other users or other persons (including Coaches) content or materials, including any Performance Data posted by Players or transmitted or made available to Coaches (collectively, “User Contributions“) on or through the Applications.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Applications, you grant us and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Applications. USER CONTRIBUTIONS SHOULD NOT BE RELIED UPON AS A PREDICTION OF FUTURE RESULTS OR SUITABILITY OF A PARTICULAR PLAYER FOR A POSITION, INSTITUTION, OR PERFORMANCE STANDARD OR THAT A PARTICULAR POSITION, INSTITUTION, OR PLAYING TIME WILL BE MADE AVAILABLE TO A PLAYER. ACCORDINGLY, YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS OR DAMAGES RESULTING FROM ANY ACTION TAKEN, OR NOT TAKEN, IN RELIANCE UPON OR WITH REFERENCE TO ANY USER CONTRIBUTION.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions (including Performance Data) for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution (including Performance Data) that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Applications or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Applications.
  • Terminate or suspend your access to all or part of the Applications for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Applications. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not review all material before it is posted on the Applications, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions and your use of the Interactive Services must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or promote communications with any user of the Applications (including any Player) of a sexually explicit, solicitous, or pornographic nature.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Applications is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Applications, or by anyone who may be informed of any of its contents.

This Applications may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Applications

We may update the content on the Applications from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Applications may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Applications

All information we collect on the Applications is subject to our Privacy Policy. By using the Applications, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services, or information formed through the Applications, or resulting from visits made by you, are governed by these Terms of Use. All Fees are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling, which will be added to your total and itemized in your shopping cart and/or confirmation email. Terms of and acceptable forms of payment are within our sole discretion. You represent and warrant that (a) the credit card information you supply to us is true, correct, and complete, (b) you are duly authorized to use such credit card for the purchase, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Linking to the Applications and Social Media Features

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Applications may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Applications.
  • Send emails or other communications with certain content, or links to certain content, on the Applications.
  • Cause limited portions of content on the Applications to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Applications or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Applications other than the Website homepage.
  • Otherwise take any action with respect to the materials on the Applications that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Applications

If the Applications contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or applications linked to the Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Applications is based in the State of Arizona in the United States. We provide the Applications for use only by persons located in the United States. We make no claims that the Applications or any of their content is accessible or appropriate outside of the United States. Access to the Applications may not be legal by certain persons or in certain countries. If you access the Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Copyright Policy

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Applications infringe your copyright, you may request removal of those materials (or access to them) from the Applications by submitting written notification to our copyright agent designated below.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Applications, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Notices of suspected copyright infringement may be sent to:

Signing Day Sports, LLC

7272 E Indian School Road, Suite 101

Scottsdale, AZ 85251

support@signingdaysports.com

(800) 279-1455

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Applications is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy to post any changes we make to our copyright policy on this page. You are responsible for periodically visiting our Website and this copyright policy to check for any changes. Your continued use of the Website after this policy has been updated will constitute your consent to the revised terms of this policy.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, mobile app stores, on your device, or the Applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO THEM.

YOUR USE OF THE APPLICATIONS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS IS AT YOUR OWN RISK. THE APPLICATIONS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATIONS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, ACHIEVE INTENDED RESULTS, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OR OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE OR THAT ERRORS WILL BE CORRECTED.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THEREFORE, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

BY USING THE APPLICATIONS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING A DATA TOOL ONLY AND THAT THE APPLICATIONS DO NOT INDICATE FUTURE PERFORMANCE OR SUCCESS OF A CANDIDATE, OR OF THE ACCURACY OF INFORMATION ACCESSIBLE THROUGH OR UPLOADED TO THE APPLICATIONS. VERIFICATION OF ALL DATA ON THE APPLICATIONS MUST BE MADE INDEPENDENTLY BY EACH USER. ANY AND ALL COMMUNICATIONS BETWEEN COACHES AND PLAYERS ARE THE RESPONSIBILITY OF THE COACHES AND PLAYERS ONLY, AND NEITHER OUR COMPANY NOR ANY OF OUR AFFILIATES OR REPRESENTATIVES, MAKE ANY CERTIFICATION OR GUARANTEE AS TO THE QUALITY, SUBSTANCE, DURATION, OR EXISTENCE OF SUCH COMMUNICATIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATIONS FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OF (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE LESSER AMOUNT OF (i) THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100.00 USD).

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Applications, including, but not limited to, your User Contributions, any use of the Applications’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Applications.

Governing Law and Jurisdiction

All matters relating to the Applications and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Applications shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Applications, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

Limitation on Time to File Claims

TO THE FULL EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Applications and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Applications.

Your Comments and Concerns

The Applications are operated by Signing Day Sports, LLC, 7272 E Indian School Road, Suite 101, Scottsdale, AZ 85251.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Applications should be directed to: support@signingdaysports.com.