TOC

Welcome to https://www.cruitcast.com. The https://www.cruitcast.com website (the “Site”) and connected web-application (the “Web-App) is comprised of various web pages operated by CruitCast, Inc. (“CruitCast”).  https://www.cruitcast.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://www.cruitcast.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://www.cruitcast.com is a E-commerce Site that assists in the recruitment of athletes with the assistance of live and recorded video content and socially connect customizable recruiting profiles

Privacy

Your use of https://www.cruitcast.com is subject to CruitCast’s Privacy Policy. Please review our Privacy Policy, which also governs The Site and/or Web-App and informs users of our data collection practices.

Electronic Communications

Visiting https://www.cruitcast.com or sending emails to CruitCast constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, on The Site and/or Web-App, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CruitCast is not responsible for third party access to your account that results from theft or misappropriation of your account. CruitCast and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Web-App accounts are strictly monitored for fraudulent behavior. Users who purchase content through the Web-App are strictly forbidden from sharing content with 3rd parties. Any purchased content is meant for the purchasers’ personal use only. Any physical or digital attainment by a 3rd party individual of a user’s purchase content will result in the forfeiture of the purchaser’s access to the content removal from the platform.

CruitCast does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.cruitcast.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

https://www.cruitcast.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CruitCast and CruitCast is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CruitCast is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CruitCast of The Site and/or Web-App or any association with its operators.

Certain services made available via https://www.cruitcast.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.cruitcast.com domain, you hereby acknowledge and consent that CruitCast may share such information and data with any third party with whom CruitCast has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.cruitcast.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.cruitcast.com strictly in accordance with these terms of use. As a condition of your use of The Site and/or Web-App, you warrant to CruitCast that you will not use The Site and/or Web-App for any purpose that is unlawful or prohibited by these Terms. You may not use The Site and/or Web-App in any manner which could damage, disable, overburden, or impair The Site and/or Web-App or interfere with any other party’s use and enjoyment of The Site and/or Web-App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through The Site and/or Web-App.

All content included as part of the Service, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on The Site and/or Web-App, is the property of CruitCast or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on The Site and/or Web-App. CruitCast content is not for resale. Your use of The Site and/or Web-App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CruitCast. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CruitCast or our licensors except as expressly authorized by these Terms.

For all video footage purchased from CruitCast, Inc. that is classified as Individual Film Purchase to include; “Single Game Film” and “All Game Film”, provides You, the purchaser, with a Single User Non-Transferable License to access and use the footage for personal use only. Any CruitCast work-product classified as a Single User Non-Transferable License will remain a work-product of CruitCast, Inc. and ownership of the footage will remain with CruitCast, Inc. with indemnification. The purchase of any Single User Non-Transferable License does not constitute the user the legal authority to exchange the License’s ownership to other individuals, other companies, or any 3rd parties. The upload of any Single User Non-Transferable License to any mass distribution site such as, but not limited to, Hudl, Krossover, Box, or a personal Google Drive, for the direct or indirect purpose of sharing the footage with any 3rd parties is strictly forbidden and any such actions will result in a breach of the terms and conditions set forth and a forfeiture of the license. CruitCast, Inc. reserves all rights available to Us under state and federal law to enforce any unauthorized distribution of the Single User Non-Transferable License.

Third Party Accounts

You will be able to connect your CruitCast account to third party accounts and platforms. By connecting your CruitCast account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by CruitCast from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CruitCast Content accessed through https://www.cruitcast.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless CruitCast, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use The Site and/or Web-App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CruitCast reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CruitCast in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in the state of Delaware. The arbitrators award shall be final. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each individual’s capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

The information, software, products, and services included in or available through The Site and/or Web-App may include inaccuracies or typographical errors. Changes are periodically added to the information herein. CruitCast, Inc. and/or its suppliers may make improvements and/or changes in The Site and/or Web-App at any time.

CruitCast, Inc. and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on The Site and/or Web-App for any purpose. to the maximum extent permitted by applicable law, all such information, software products, services, and related graphics are provided “as is” without warranty or condition of any kind. CruitCast Inc and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for the particular  purpose, title, and non-infringement

 To the maximum extent permitted by applicable law, in no event shall CruitCast, Inc and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of The Site and/or Web-App, with the delay or inability to use The Site and/or Web-App or related services. The provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through The Site and/or Web-App, or otherwise arising out of the use of The Site and/or Web-App. Whether based on contract, tort, negligence, strict liability or otherwise, even if CrutiCast, Inc. or any of its suppliers has been advised of the possibility of damages. Because some States/Jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of The Site and/or Web-App, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using The Site and/or Web-App. 

Cancellation/Refund Policy

You may cancel your annual subscription at any time. Any refund will be authorized by management’s discretion on a case-by-case basis. In the event a refund request is approved by management, the following will constitute the refund policy:

  • If the customer requesting cancelation’s subscription is, or is within, the 182 days from the commencement date of the subscription, 50% of the initial subscription cost will be refunded to the customer
  • If the customer requesting cancelation’s subscription is after the 182 days from the commencement date of the subscription a refund will be determined as follows:
    • Refund = (0.5 * (costi)) + (((0.5 * (costi))*((quantMon)-6)/6)
      • (costi) – initial subscription cost
      • (quantMon) – Quantity of calendar months until the customer’s subscription renews
  • If the customer requesting cancelation’s subscription has been active for more than 365 days the customers refund will be determined as follows:
    • Refund = (0.25 * (costr)) + (((0.75 * (costr))*((quantMon)-12)/12)
      • (costr) – renewal subscription cost
      • (quantMon) – Quantity of calendar months until the customer’s subscription renews

Please contact us at [email protected] with any questions.

Termination/Access restriction

CruitCast reserves the right, in its sole discretion, to terminate your access to The Site and/or Web-App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of The Site and/or Web-App. Use of The Site and/or Web-App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CruitCast as a result of this agreement or use of The Site and/or Web-App. CruitCast’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CruitCast’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Site and/or Web-App or information provided to or gathered by CruitCast with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CruitCast with respect to The Site and/or Web-App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CruitCast with respect to The Site and/or Web-App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

CruitCast reserves the right, in its sole discretion, to change the Terms under which https://www.cruitcast.com is offered. The most current version of the Terms will supersede all previous versions. CruitCast encourages you to periodically review these Terms and Conditions to stay informed of our updates.

Effective as of April 1st, 2019