Terms of Service and Non-Disclosure Agreement for Coaches and Scouts

Legal Agreement

By using the Elite Junior Profiles website at https://elitejrprofiles.com (the “Site”), you indicate your consent to and acceptance of the terms of this Terms of Use Agreement (referred herein as “Terms of Use” or “Agreement”). If you do not agree with the terms of this Agreement, please terminate your use of the Site immediately. This Agreement describes the legal relationship between you (referred to in this Agreement as “you”, “yours” or “user”) and the operator of the Site (Elite Junior Profiles and its affiliates, referred to in this Agreement as the “Site”, “we”, “us” or “our”) relating to your use of the Site and to any content that you post, upload, or submit to the Site. Please read this document carefully.  Participation in the Site is void where prohibited. The Site is not intended for use by anyone who is under the age of eighteen (18) and specifically for children under the age of thirteen (13). By using the Site, you represent that you are age eighteen (18) or over and that you agree to and to abide by all of the terms and conditions of this Agreement. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Agreement at any time without further notice. If we do this, we will post the changes to the Agreement on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by these or any future Agreement, do not use or access (or continue to use or access) the Site.  It is your responsibility to regularly check the Site to determine if there have been changes to the Agreement and to review such changes.

Privacy and Non-Disclosure of Confidential Information

The Elite Junior Profiles.com Privacy Policy, which sets forth our policies concerning how we collect, use, maintain and share your personal information, can be found at www.EliteJuniorProfiles.com/privacy, the content of which is incorporated herein by this reference as if set out in full.

All information related to the business or intellectual property (including know-how) of a Party, or of its Authorized Persons, or related to the Purpose, that the Receiving Party receives or accesses as a result of any discussions or dealings under this Agreement, disclosed in any form or format, including but not limited to: any and all business and technical information provided by Disclosing Party concerning Disclosing Party’s know-how, trade secrets, product samples, software technology, software systems, source code, object code, design details, user interfaces, databases, business strategies, business plans, pricing, technical developments, roadmaps, training information, vendor or customer data, or other information similar to the foregoing. Disclosing Party’s Confidential Information may further include the Confidential Information of any of its subsidiaries and/or affiliates. Although certain information may be generally known in the relevant industry, the fact that the Disclosing Party uses such information may not be so known and in such instance the information would comprise Confidential Information. Further, the fact that various fragments of information or data may be generally known does NOT mean that the manner in which the Disclosing Party combines them, and the results obtained thereby, are so known and in such instance, such information or data would also comprise Confidential Information.
Confidential Information does not include information that the Receiving Party can show by pre-dated documentation which substantiates its prior knowledge or information which:
  • is publicly available other than by breach of this Agreement;
  • is lawfully in the possession of the Receiving Party before its disclosure under this Agreement;
  • is disclosed to the Receiving Party through one or more third parties who are free to disclose it; or
  • is developed independently of any Confidential Information;
Receiving party shall have three calendar days to provide the Disclosing party written notice that such information provided and marked by the Disclosing party as Confidential, is subject to an exclusion of Confidential Information. Disclosing Party: A Party who discloses Confidential Information (or on whose behalf Confidential Information is disclosed) under this Agreement; Receiving Party: A Party receiving or accessing Confidential Information or Trade Secrets.. Confidential Information received or accessed by a Party’s Authorized Persons will be deemed to be received by that Party. All information received by Receiving party from Disclosing Party shall be deemed Confidential Information, know-how or a trade secret. Protection and use of Confidential Information:The Receiving Party shall:
  • Only use the Confidential Information strictly for the Purpose;
  • Not disclose the Confidential Information except to its Authorized Persons;
  • Keep it in a safe and secure place and use reasonable measures to prevent unauthorized access,
  • Not make any copies, summaries or transcripts of it unless this is necessary for the Purpose or as permitted herein, provided that all such copies, summaries or transcripts will be deemed to be Confidential Information);
  • Not export it, or permit it to be exported, in breach of any relevant export regulations;
  • Notify the other Party immediately if it becomes aware that any Confidential Information has been disclosed or used in an unauthorized manner;
Upon the other Party’s written request, immediately return or destroy the Confidential Information. The Receiving Party may make and retain copies of Confidential Information as required by law and/or regulatory requirement, or that are automatically generated or stored by backup systems and which are not accessible in the normal course of business. Any announcement or public statement relating to the Parties, the Agreement, the Purpose, and/or their intellectual property rights must be approved by both Parties in writing prior to its release. This Agreement does not prevent the disclosure of Confidential Information that a Party is required to disclose by law or to a regulatory authority, provided that any Receiving Party, prior to such disclosure: Gives the Disclosing Party reasonable notice (if legally permitted) to allow the Disclosing Party a reasonable opportunity to seek a protective order or similar; and Uses reasonable endeavors to obtain written assurance from the applicable judicial or regulatory authority that it will afford the Confidential Information a reasonable level of protection. Non-circumvention: Company agrees not to contact, initiate contact or attempt to do business with, at any time, for any purpose, either directly or indirectly, any individuals with profiles on our site, coaches, scouts, players, vendors or other affiliates of the business opportunity, or otherwise referred by Elite Junior Profiles to Company for the purpose of circumventing our profile services, marketing services and/or player advisory services, a result of which shall be, including but not limited to, preventing Elite Junior Profiles from realizing profit, fees, or otherwise, without the specific written approval of Elite Junior Profiles. Such approval will be specifically granted in written form by Elite Junior Profiles on a case-by-case basis. If such circumstances shall occur, Elite Junior Profiles shall be entitled to any fees, profits and/or commissions due pursuant to this Agreement or relating to such transaction(s). Duration: The term of this Agreement shall be for three (3) years from the termination of the relationship between the parties. The obligations relating to the protection or use of Confidential Information and trade secrets shared during the term of this Agreement shall be protected indefinitely. The obligations of non-circumvention shall survive for 3 years from termination of the relationship between the parties. General: All acts or omissions of a Party’s Authorized Persons in relation to the Confidential Information shall be treated as if they were the acts or omissions of that Party itself. All Confidential Information and the intellectual property rights therein will remain the property of the Disclosing Party. No intellectual property rights in the Confidential Information are granted to the Receiving Party. A Receiving Party will not (and will ensure that its Authorized Persons do not) apply for or register any intellectual property right for the Confidential Information. The Disclosing Party warrants that it has the right to disclose the Confidential Information but does not warrant its accuracy or completeness, and shall not be liable for any damage or loss resulting from the use of the Confidential Information which is provided “AS IS”. No Party will assign, novate, sub-contract or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the other Party. This Agreement constitutes the entire understanding of the Parties in relation to its subject matter and supersedes all previous agreements and understandings, whether written or oral, between the Parties relating thereto. This Agreement is made solely for the benefit of the Parties. This Agreement is not for the benefit of and shall not be enforceable whether under legislation or otherwise by any third party. Any amendment to or modification of this Agreement shall be in writing and signed by both Parties. This Agreement shall be governed in accordance with the Applicable Law. The state and federal courts located in Hillsborough County, Florida shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. NOTICES: All notices under this Agreement shall be in writing and delivered to the Address noted herein or as designated in writing by the parties.

Account Registration

When you register with the Site, you are agreeing to and providing public acknowledgement that you have read these terms of service, along with the non-disclosure and non-circumvention terms. More than that, we ask for your honesty and integrity if you are going to use our platform. There is a lot invested in bringing this platform to the student-athlete and the parents and we ask that all registered users respect both the spirit and the written terms of this website for all coaches and scouts who apply for access. 

Copyright Notice

The Site is provided for your personal use only. Other than content that users submit in accordance with the terms of this Agreement, most of the material on the Site, including graphics, text, design, buttons, logos, images, and icons, as well as the selection, assembly, and arrangement of the Site, is the sole property of the operators of the Site. Users of the Site may not modify, reproduce, republish, or distribute any material from the Site in any form without the prior written permission of Elite Junior Profiles or the original copyright holder.

User-Provided Content

You acknowledge that the Site including postings, messages, articles, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the “Content”) have been submitted by third parties, including, without limitation, other users of the Site. You agree that we are a community forum and not a publisher with respect to the Content provided by third parties, and that we are not responsible for reviewing or editing any third party Content.  Any opinions, advice, statements, services, offers or other information contained in third party Content are those of their respective authors or producers, and not of Elite Junior Profiles or any of its affiliates, and we do not endorse or guarantee the accuracy of such Content. Copyrights to the Content submitted by Site users are held by the individual creators of such Content. You may submit Content provided you do so in accordance with the Submission Rules below. You accept responsibility for all Content that you submit to, transmit through, link through, or otherwise make available through the Site. For all Content that you submit to the Site, you agree to indemnify us as provided below. Each time you upload or submit Content (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by all the terms and conditions of this Agreement. Instructions for uploading Content can be found on the Site’s web page dedicated to uploading Content. To be considered for posting and display on the Site, Content must meet all the specifications and requirements (including age requirements) relating to formatting, compatibility, operating characteristics and submission (provided below).

License

By submitting Content to the Site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such Content, in any form, media (print, electronic or otherwise), software or technology of any kind now existing or developed in the future.

Moral Rights

You hereby waive and agree never to assert any claim of Moral Rights in the Content against us or any of our licensees, if any. ‘Moral Rights’ means any right to (a) divulge the Content to the public; (b) retract the Content from the public; (c) claim authorship of the Content; (d) object to any distortion, mutilation or other modification of the Content; or (e) any and all similar rights, existing under judicial or statutory law of any country or jurisdiction in the world, or under any treaty regardless of whether or not such right is called or generally referred to as a moral right.

Financial Consideration

We reserve the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of our business and operating the Site and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your Content may be displayed on or otherwise used by or in connection with the Site.

Representations and Warranties

By uploading or otherwise submitting any Content to the Site, you represent and warrant that (a) you own or otherwise have all necessary rights, including but not limited to copyrights, to the Content and have the right to use it as provided in this Agreement; (b) all information submitted by you is true, accurate, current and complete, and does not violate this Agreement; (c) you have the full right, power and authority to enter into and perform this Agreement, and have secured all third party consents, licenses, waivers and permissions necessary to enter into and perform this Agreement, including, without limitation, waivers of rights of privacy, publicity and personality from any third parties whose names, likenesses, photographs, animated portrayals, or actual or imitated voices are depicted in the Content; (d) we shall not be required to make any payments with respect to the authorized use of any Content submitted by you, including, without limitation, any payments to you, third parties claiming through you or otherwise, publishers, rights agents, performance rights societies, persons who contributed to or whose names, likeness, photographs, animated portrayals or actual or imitated voices appear in such Content, your licensors, unions or guilds; and (e) the Content submitted by you will not  infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of publicity, rights of privacy, moral rights or any other proprietary rights of third parties, (ii) violate any applicable law, statute, ordinance or regulation, (iii) be defamatory, trade libelous, trademark disparaging, fraudulent, harassing, abusive, threatening, harmful, lewd, pornographic or obscene, (iv) disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to facilitate any unauthorized access to any portion of the Site, their computer systems, servers or networks; (v) transmit junk mail, chain letters, or other unsolicited bulk e-mail, spam or duplicative messages to other users of the Site; (vi) collect information about other users of the Site in any manner without their consent or otherwise systematically extract data or data fields, including, without limitation, any financial data or e-mail addresses, from the Site or our computer systems; (vii) attempt to gain unauthorized access to our computer systems or to any other user’s computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site, or (viii) contain any viruses, trojan horses, time bombs or other programming routines or elements that detrimentally interfere with computer systems or data. You agree that, upon request, you will provide us with evidence, in a form and format reasonably acceptable to us, indicating that the Content submitted by you complies with the foregoing warranties.

Indemnity

You agree to indemnify and hold us harmless from and against any and all claims, suits, liabilities, obligations, damages, injuries, penalties, fines, losses, costs and expenses (including, without limitation, attorneys’ fees) arising out of, resulting from or related to any breach of the foregoing representations and warranties. This obligation shall survive the termination of this Agreement for any reason.

Take-Down Policy

The Site includes weblogs, forums, photo galleries and other interactive areas in which users can express opinions and share ideas and information. We cannot and do not monitor all of the material submitted to the Site.  Additionally, we do not control, and are not responsible for, Content submitted by users. By using the Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of the Site and any Content on the Site, including, but not limited to, whether you should rely on such Content. Notwithstanding the foregoing, you acknowledge that we shall have the right (but not the obligation) to review any Content that you have submitted to the Site, and to reject, delete, disable, or remove any Content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this Agreement; (b) might violate any law, infringe upon the rights of third parties, or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable, or remove any Content at any time, for the reasons set forth above, for any other reason, or for no reason. If you believe that any Content on any of the Site web sites infringes upon any copyrights that you own, please contact us pursuant to the procedures as outlined under Sections 512(c)(3) and 512(d)(3) of the Digital Millennium Copyright Act (Title 17 U.S.C. § 512) which shall include:
  • The infringing materials and its location on the Internet [512(c)(3)(A)(ii-iii)], or if the service provider is an “information location tool” such as a search engine, the reference or link to the infringing materials [512(d)(3)].
  • Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
  • A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
  • A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].
Submissions should be sent to the following address: Copyrights Administrator Re:  Digital Millennium Copyrights Act Elite Junior Profiles 4030 Wake Forest Rd Ste 300-E Raleigh, NC 27609-6800

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. we make no warranty that THE SITE will be uninterrupted, secure or error-free.  ALL CONTENT, INFORMATION, AND OTHER MATERIAL ON THE SITE IS provided “as is” AND “as available”. We make no ENDORSEMENTS, GUARANTEES, representations or warranties, express, implied or statutory, with respect to THE TIMELINESS, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, non-infringement, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL ON THE SITE.

Limitation of Liability

You agree that we will not be liable for any consequential, indirect, special, exemplary, or incidental damages arising out of or in connection with your use of or inability to use the Site (including, without limitation, any damages for lost profits or business interruption), or for any claim made against you by any other party, whether arising from mistakes, omissions, interruptions, deletion of files or e-mails, errors, defects, viruses or other malicious code, delays in operation or transmission, or any failure of performance, even if we have been advised of the possibility of such damages. You also agree that under no circumstances will we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, emailed or otherwise made available via the Site.

Submission Rules

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you is non-confidential and shall become the sole property of the Site.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Termination

We may terminate your participation, delete your profile and any Content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if we believe that you are no in compliance with the age limits provided above.

Governing Law

By visiting or using the Site, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Florida.

General

These Terms of Use constitute the entire agreement between you and us regarding the use of the Site, superseding any prior agreements between you and us relating to your use of the Site. The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.  If any provision of these Terms of Use is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. Copyright (c) 2017 Elite Junior Profiles | All rights reserved. Elite Junior Profiles Terms of Use Agreement (January 1, 2018) Copyright © 2019 Elite Junior Profiles | All Rights Reserved This Privacy Statement Highlights provides a high-level summary of Elite Junior Profiles’s entire Privacy Statement. Elite Junior Profiles provides these highlights as a convenience to you but should not be considered the full Privacy Statement of Elite Junior Profiles

Overview

Elite Junior Profiles (Elite Junior Profiles) is committed to providing you with excellent service for its Elite Junior Profiles products (“Products”) and services (“Services”).

Websites Covered

This Privacy Statement applies to Elite Junior Profiles Websites that link to this Privacy Statement: https://elitejrprofiles.com (collectively referred to as “Elite Junior Profiles Websites”) Elite Junior Profiles Websites may contain links to other websites. Elite Junior Profiles is not responsible for the information practices or the content of such other websites. Elite Junior Profiles encourages you to review the privacy statements of other websites to understand their information practices.

Statistical Information About Your Visit

When you visit Elite Junior Profiles Websites, our systems collect personal information (in the manner described above) and statistical or non-personally identifiable information about your visit to our sites (e.g. IP address, pages visited, origin of visitor domains, and types of browsers used). However, unless you actively submit personal information, we do not typically identify you via the non-personally identifiable information. Notwithstanding the foregoing, to the extent permitted by applicable law, we reserve the right to combine non-personally identifiable information with personal information that you have actively submitted.

Elite Junior Profiles Supported Blogs and Forums

If you use a blog or forum, or other chat tool on an Elite Junior Profiles Website, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. Elite Junior Profiles is not responsible for the personally identifiable information you choose to submit in these forums. You are also responsible for using these forums in a manner consistent with the applicable Terms of Use or other terms and conditions set forth on the relevant forum site.

Your Ability to Opt-Out of Further Notifications

From time to time, we notify visitors to Elite Junior Profiles Websites of new products, announcements, upgrades and updates unless you have opted out of these notices. If you would like to opt-out of being notified, please contact us at the address given at the end of this Privacy Statement. If you would like to change your preferences please send us an email to admin[at]brandequation.com. Please be aware that you may not opt out of receiving information regarding the security, initial use, expiration, product enhancement or migration of our products or services.

Our Security Procedures

We consider the protection of all personal information we receive from Elite Junior Profiles Website visitors and customers as critical. Please be assured that we have security measures in place to protect against the loss, misuse, and alteration of any personal information we receive from you. As with any transmission over the Internet, however, there is always some element of risk involved in sending personal information. In order to try to minimize this risk, we encrypt all information that you submit in ordering our services using the Secure Sockets Layer (SSL) protocol. If you have questions about security, please contact us at the information provided below.

How to Contact Elite Junior Profiles

If you have questions or would like additional information about Elite Junior Profiles’s Privacy Statement, please contact Elite Junior Profiles at 4030 Wake Forest Rd # 300, Raleigh, NC 27609-6800 or by phone at (919) 307-9757
Scroll to Top