Last Updated: January 1st, 2025

Welcome to The College Athlete Network, LLC (“we,” “us,” or “The College Athlete Network”). These Terms and Conditions (“Terms”) govern your use of our website (www.CollegeAthleteNetwork.org), any of our mobile apps, and all related services (collectively, the “Service”). By accessing or using the Service, you also agree to these Terms and our Privacy Policy. If you don't agree, please do not use the Service.

We may update these Terms from time to time. We'll notify you of significant changes via email or a website notice, and your continued use of the Service after such changes means you accept the updated Terms. Please review this page periodically.

Key Points to Understand

• You must be at least 13 years old to use the Service.
• Your data's security matters to us, and we'll never sell any of your data to any third parties.
• Disputes are resolved through arbitration, not court, and you waive the right to participate in class actions.
• You're responsible for the content you share, and we're not liable for third-party actions or content.

1. Using Our Service

1.1 Eligibility

You must be at least 13 years old and able to enter into a legal contract to use the Service. The Service is not intended for children under 13, per the Children's Online Privacy Protection Act (COPPA). If we discover a user under 13, we'll delete their account and data. Users under 18 may need parental consent, especially if submitting personal information (e.g., roster data). If you represent an organization (e.g., a team, league, or association, referred to as an “Organization”), you confirm you're authorized to agree to these Terms on its behalf.

1.2 Your Account

To use certain features, you'll need a College Athlete Network account. When creating your account:

• Provide accurate and complete information.
• Keep your password secure and don't share it. Use a strong password with a mix of letters, numbers, and symbols.
• Notify us immediately at admin@CollegeAthleteNetwork.org if you suspect unauthorized use of your account.

We're not responsible for losses caused by unauthorized account use. You can manage your account settings, including email preferences, on your profile page. You'll receive Service-related emails (e.g., account updates), which you can't opt out of, but you can opt out of promotional emails in your settings.

1.3 License to Use the Service

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes (unless you're an Organization using it for permitted purposes). We reserve all rights not expressly granted.

1.4 Rules for Using the Service

You agree not to:

• Copy, distribute, or scrape any part of the Service without explicit permission.
• Use automated tools (e.g., bots, spiders) to access the Service, except for public search engines creating indices of publicly available content.
• Send spam, chain letters, or unsolicited emails.
• Interfere with the Service's security, integrity, or performance.
• Upload viruses, worms, or harmful code.
• Collect personal information from other users without consent.
• Use the Service for commercial solicitation (unless you're an authorized Organization).
• Impersonate anyone or misrepresent your identity.
• Bypass measures we use to restrict access or protect content.

We may change, limit, or discontinue the Service or your access at any time without notice, especially if you violate these Terms. You're responsible for your interactions with other users, and we're not liable for disputes between users.

2. Your Content

2.1 What is User Content?

“User Content” includes anything you post or submit to the Service, like profile details, roster information, photos, videos, or comments. You own your User Content, but by sharing it, you allow others to view or interact with it based on your privacy settings.

2.2 Your Responsibilities

You're responsible for ensuring your User Content:

• Doesn't cause harm, injury, or distress to anyone.
• Doesn't exploit or endanger children.
• Isn't unlawful, offensive, defamatory, or invasive of privacy.
• Doesn't violate intellectual property rights or other laws.
• Is accurate and current.
• Complies with team, league, or other applicable policies.

2.3 Our Rights to Your Content

By sharing User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, modify, and share it as needed to operate and promote the Service, subject to your privacy settings. This license ends when you delete your content or account, except for content already shared publicly or with others. You also allow other users to view and interact with your User Content as permitted by the Service's features.

2.4 DMCA Copyright Policy

We respect copyright laws and comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work is infringed on the Service, send a written notice to our DMCA Agent:

3. Privacy and Data Security

We care about your privacy. By using the Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. Key points:

• We collect personal information like your name, email, and profile data to provide the Service.
• We don't sell your data to third parties.
• Organizations using the Service must comply with privacy laws and obtain your consent before collecting or sharing your data.
• If a data breach occurs, we'll notify affected users promptly as required by law.

You acknowledge that no security system is foolproof, and you provide your information at your own risk. If you're an Organization, you're responsible for securing user data you collect and complying with laws like the CCPA or GDPR.

4. Mobile Apps

We may offer mobile apps (“Mobile Software”) to access the Service. You're granted a non-exclusive, revocable license to use the Mobile Software on one device you own or lease for personal use. You may not:

• Modify, reverse-engineer, or copy the Mobile Software.
• Share or distribute it to others.
• Interfere with its security features.

The Mobile Software may auto-update, and these Terms apply to all updates. If you download our app from an app store (e.g., Apple App Store, Google Play), your use must comply with that store's terms. For apps from the Apple App Store, Apple isn't responsible for maintenance, support, or warranty issues, and any claims are between you and us, not Apple.

You're responsible for any mobile data charges from your wireless provider when using the Mobile Software or receiving text notifications.

5. Third-Party Content and Services

The Service may include links to third-party websites, ads, or content from Organizations or other users. We don't control or endorse these third parties and aren't responsible for their content, accuracy, or practices. Your interactions with third parties (e.g., payments to Organizations, participation in their activities) are solely between you and them. We're not liable for any harm, loss, or disputes arising from these interactions.

6. Paid Services and Payments

6.1 Paid Features

Some features require payment. If you use these, you agree to our Subscriber Terms and Conditions and any related order forms. If there's a conflict, the Subscriber Terms prevail for paid features.

6.2 Payments to Organizations

If you pay an Organization through the Service (e.g., for registration fees), the transaction is between you and the Organization. Contact the Organization directly for refunds or disputes. We're not responsible for incorrect charges or unfulfilled orders.

6.3 Payment Processing

If you're an Organization using our payment processing services, you must sign a Sub-Merchant Agreement with us and our payment processors (e.g., Stripe). You're responsible for complying with payment industry standards (e.g., PCI-DSS).

7. Background Screening

If you use our background screening services, they're provided by third-party suppliers. You agree to:

• Provide applicants with a clear, standalone disclosure and obtain their signed consent, per the Fair Credit Reporting Act (FCRA).
• Use screening reports only for employment purposes, as defined by FCRA.
• Provide applicants with a pre-adverse action notice, a copy of the report, and A Summary of Your Rights Under the FCRA before taking adverse action.
• Submit proof of consents to us within 24 hours if requested.

Screening data may contain errors or omissions due to jurisdictional limits, and we're not liable for inaccuracies. You rely on screening results at your own risk.

8. Accessibility

We strive to make the Service accessible to all users, in compliance with standards like the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). Contact support@CollegeAthleteNetwork.org if you have accessibility concerns.

9. Intellectual Property

9.1 Our Content

All content on the Service (e.g., text, logos, software), except User Content, is owned by us or our licensors (“Our Content”). You may not copy, modify, or distribute Our Content without permission.

9.2 Your Ideas

If you submit feedback or suggestions about the Service (“Ideas”), we may use them without obligation or compensation. We don't waive rights to similar ideas we already have or develop independently.

9.3 Our Data

Any statistics, records, or data generated by the Service (e.g., game stats, player records) are owned by us and provided as a limited license. We may modify or delete this data at our discretion, and it has no cash value.

10. No Warranty

The Service is provided “as is” and “as available” without warranties of any kind. We don't guarantee:

• The Service will meet your needs or be uninterrupted, secure, or error-free.
• Content (including background screening results) is accurate or reliable.
• The Service is free of viruses or harmful components.

You use the Service at your own risk, and we're not responsible for damage to your device or data loss.

*Some jurisdictions don't allow certain warranty exclusions, so these limits may not apply to you.*

11. Limitation of Liability

To the fullest extent allowed by law, we, our affiliates, and licensors aren't liable for:

• Indirect, incidental, or consequential damages (e.g., loss of profits, data, or goodwill).
• Damages from hacking, unauthorized access, or Service interruptions.
• Errors in content or user interactions.
• Third-party products, services, or actions.

Our total liability for any claim is limited to $25.00. This applies to all claims, whether based on contract, tort, or other legal grounds.

*Some jurisdictions don't allow certain liability limits, so these may not apply to you.*

12. Indemnity

You agree to defend, indemnify, and hold us harmless from claims, damages, or costs (including attorney's fees) arising from:

• Your use of the Service or User Content.
• Your violation of these Terms or any laws.
• Your violation of third-party rights (e.g., privacy, copyrights).
• Your interactions with Organizations or other users.
• Your use of background screening services or payment processing.

This obligation survives the termination of these Terms.

13. Dispute Resolution

13.1 Informal Resolution

For any dispute, contact us first at support@CollegeAthleteNetwork.org. We'll try to resolve it within 60 days.

13.2 Arbitration

If we can't resolve the dispute, you and we agree to binding arbitration through JAMS (www.jamsadr.com) in New York County, New York, under its Optional Expedited Arbitration Procedures. You may also use a small claims court for non-commercial disputes without arbitration. Arbitration costs are split for commercial users; for non-commercial users, we'll cover most costs if you qualify for a JAMS fee waiver. Arbitration decisions are final and enforceable in court.

Arbitration replaces court lawsuits and limits your ability to seek relief.

13.3 Class Action and Jury Trial Waiver

All claims must be brought individually, not as part of a class action, collective action, or other representative proceeding. You waive the right to a jury trial or to participate in class actions.

*This waiver is critical and affects your legal rights.*

14. Governing Law

These Terms are governed by New York State law, without regard to conflict of laws principles. The Federal Arbitration Act governs arbitration. For actions we pursue in court (e.g., to protect our intellectual property), you agree to the jurisdiction of federal and state courts in New York County, New York. International users are responsible for complying with their local laws.

15. General Terms

15.1 Assignment

You may not transfer your rights under these Terms without our consent. We may assign these Terms without restriction.

15.2 Notifications

We may notify you via email, website notices, or other means. You can opt out of promotional emails but not Service-related notices. We're not responsible for filters blocking our emails.

15.3 Entire Agreement

These Terms, along with our Privacy Policy, Subscriber Terms, and any order forms, are the complete agreement between you and us. If any provision is invalid, the rest remains enforceable, except if the class action waiver is unenforceable, then the arbitration clause is void.

15.4 No Waiver

Our failure to enforce any right doesn't waive it.

15.5 Contact

Questions? Email us at support@CollegeAthleteNetwork.org.