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Terms and Conditions

XY Sports, Inc.; XY(Sports); xysports.com; Company

A person or party must be representng themselves accuratlely IE an athlete and a college must be an actual athlete and a college coach must actually be a college coach. If any persons are violating this term and condition their account will be blocked and voided with no refund. 

All content on the XYSports.com site is copy righted and the structure and form of the technology supporting hte site has a Provisional patent. Any violation on any terms will be subject to immediate legal action. 

XY Sports, Inc. (“XY(Sports)” or “we”) operates xysports.com, which is a women’s sports directory - college, high school, and club athletic camp directory and women’s college sports recruitment center.

Moreover, XY(Sports) serves as an all-female athletic recruitment platform that allows female athletes(junior high school, high school, and college age girls, minimum age of 11 years old) as Members to create unique personal profiles online in order to find and communicate with colleges and universities, including college coaches, team recruiters, and athletic department representatives. The services offered by XY(Sports) include any XY(Sports)-branded URL (the "XY(Sports) Website"), XY(Sports) messaging services (including, without limitation, instant messaging, private messaging, and email services), XY(Sports) music and video services, XY(Sports) developer services, XY(Sports) mobile services,  and any other features, content, or applications offered from time to time by XY(Sports) in connection with XY(Sports)’s business (collectively, the "XY(Sports) Services"). The XY(Sports) Services are hosted in the United States.

THERE ARE NO REFUNDS FOR PAID EVENTS THAT ARE CANCELLED DUE TO ACTS OF NATURE OUTSIDE THE CONTROL OF XYSPORTS.COM OR ITS AFFILIATES. IN LEIU OF REFUND THERE WILL BE ADDITIONAL MEMBERSHIP TERMS EXTENDED TO THE PAYOR OR PRORATTED AMOUNT OF REFUND IF APPROPRIATE FOR ANY SERVICES NOT DELIVERD BEYOND THE MEMBERSHIP FEE OF $65.

XYSPORTS.COM AS SOCIAL MEDIA PLATFORM:

This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the XY(Sports) Services. By accessing and/or using the XY(Sports) Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the XY(Sports) Services, including, without limitation, through a mobile or other wireless device, or otherwise use the XY(Sports) Services without being registered) or you are a "Member" (which means that you have registered with XY(Sports)). The term "User" refers to a Visitor or a Member. You are authorized to use the XY(Sports) Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the XY(Sports) Services, you must indicate your acceptance of this Agreement during the registration process.

XY(Sports) reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the XY(Sports) Services. All material modifications will apply prospectively only. Your continued use of the XY(Sports) Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the XY(Sports) Services immediately. You may receive a copy of this Agreement by contacting us at our Contact Us page.

1. Eligibility

Use of the XY(Sports) Services and registration to be a Member for the XY(Sports) Services (“Membership”) is void where prohibited. By using the XY(Sports) Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy if such information; (c) you are 11 years of age or older; and (d) your use of the XY(Sports) Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 11 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2. Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the XY(Sports) Services or are a Member.

You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. XY(Sports) may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, XY(Sports) reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the XY(Sports) Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, XY(Sports) reserves the right, in its sole discretion, to reassign or rename your profile URL. XY(Sports) expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the XY(Sports) Services if XY(Sports) determines, in its sole discretion, that you have violated this Agreement or pose a threat to XY(Sports), its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18.

3. Fees

You acknowledge that XY(Sports) reserves the right to charge for any portion of the XY(Sports) Services and to change its fees (if any) from time to time in its discretion. If XY(Sports) terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify XY(Sports) immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Use by Members

The XY(Sports) Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by XY(Sports). XY(Sports) reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the XY(Sports) Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the XY(Sports) Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges.

XY(Sports) reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the XY(Sports) Services.

6. Proprietary Rights in Content on XY(Sports)

XY(Sports) does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the XY(Sports) Services. After posting your Content on, through or in connection with the XY(Sports) Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the XY(Sports) Services, you hereby grant to XY(Sports) a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the XY(Sports) Services, including, without limitation, through the XY(Sports) Services to applications, widgets, websites or mobile, desktop or other services which are linked with your XY(Sports) account (collectively, “Linked Services”), including, without limitation, distributing part or all of the XY(Sports) Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by XY(Sports) outside the XY(Sports) Services and Linked Services. This limited license does not grant XY(Sports) the right to sell or otherwise distribute your Content outside of the XY(Sports) Services or Linked Services. After you remove your Content from the XY(Sports) Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside of the XY(Sports) Services, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the XY(Sports) Services as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the XY(Sports) Services, XY(Sports) is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.

The license you grant to XY(Sports) is non-exclusive (meaning you are free to license your Content to anyone else in addition to XY(Sports)), fully-paid and royalty-free (meaning that XY(Sports) is not required to pay you or anyone else deriving rights from you for the use on the XY(Sports) Services of the Content that you post), sublicensable (so that XY(Sports) is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the XY(Sports) Services), and worldwide (because the Internet and the XY(Sports) Services are global in reach).

You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the XY(Sports) Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the XY(Sports) Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the XY(Sports) Services and/or Linked Services.

The XY(Sports) Services contain Content of XY(Sports) ("XY(Sports) Content"). XY(Sports) Content is protected by copyright, trademark, patent, trade secret and other laws, and XY(Sports) owns and retains all rights in the XY(Sports) Content and the XY(Sports) Services. XY(Sports) hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the XY(Sports) Content (excluding any software code) solely for your personal use in connection with viewing the XY(Sports) Website and using the XY(Sports) Services.

The XY(Sports) Services contain Content of Users and other XY(Sports) licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the XY(Sports) Services.

XY(Sports) performs technical functions necessary to offer the XY(Sports) Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the XY(Sports) Services.

In addition, you agree and acknowledge that XY(Sports) may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the XY(Sports) Services. You can control what type of communications you receive from the XY(Sports) Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.

XY(Sports) reserves the right to limit the storage capacity of Content that you post on, through or in connection with the XY(Sports) Services.

7. Content Posted

Please choose carefully the information that you post on, through or in connection with the XY(Sports) Services and that you provide to other Users.

Your XY(Sports) profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other XY(Sports) Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and XY(Sports) assumes no responsibility or liability for this material. If you become aware of misuse of the XY(Sports) Services by any person or Linked Service, please click on the "Contact XY(Sports)” or the “Report Abuse” link at the bottom of the XY(Sports) Website pages.

XY(Sports) may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of XY(Sports) violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. XY(Sports) assumes no responsibility for monitoring the XY(Sports) Services for inappropriate Content or conduct. If at any time XY(Sports) chooses, in its sole discretion, to monitor the XY(Sports) Services, XY(Sports) nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on, through or in connection with any of the XY(Sports) Services, and any material or information that you transmit to other Members and for your interactions with other Users.

8. Content/Activity Prohibited

The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the XY(Sports) Services.

XY(Sports) reserves the right to investigate and take appropriate legal action against anyone who, in XY(Sports)'s sole discretion, violates this provision, including, without limitation, removing the offending Content from the XY(Sports) Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of XY(Sports):

1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

5. solicits or is designed to solicit personal information from anyone under 18;

6. publicly posts information that poses or creates a privacy or security risk to any person;

7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited

to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12. solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

13. involves commercial activities and/or sales without prior written consent from XY(Sports) such as contests, sweepstakes, barter, advertising, or pyramid schemes;

14. includes a photograph or video of another person that you have posted without that person's consent;

15. for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or

16. violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

17. The following are examples of the kind of activity that is illegal or prohibited on the XY(Sports) Website and through your use of the XY(Sports) Services. XY(Sports) reserves the right to investigate and take appropriate legal action against anyone who, in XY(Sports)'s sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:

18. criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sendingof viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

19. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the XY(Sports) Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, XY(Sports) reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which XY(Sports) deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the XY(Sports) Services, you acknowledge that you will have caused substantial harm to XY(Sports), but that the amount

of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay XY(Sports) $50 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the XY(Sports) Services;

20. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the XY(Sports) Services;

21. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

22. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the XY(Sports) Services other than your Content which you legally post on, through or in connection with the XY(Sports) Services;

23. providing or using “tracking” or monitoring functionality in connection with the XY(Sports) Services, including, without limitation, to identify other Users’ views, actions or other activities on the XY(Sports) Services;

24. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any XY(Sports) page via HTML/CSS or any other means;

25. any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;

26. interfering with, disrupting, or creating an undue burden on the XY(Sports) Services or the networks or services connected to the XY(Sports) Services;

27. impersonating or attempting to impersonate XY(Sports) or a XY(Sports) employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);

28. for band, comedy, filmmaker and other profiles containing a XY(Sports) player, copying the code for your XY(Sports) Player and embedding it (or directing others to embed it) anywhere other than in your band profile on XY(Sports);

29. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

30. selling or otherwise transferring your profile, your email address or URL;

31. using or distributing any information obtained from the XY(Sports) Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

32. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the XY(Sports) Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by XY(Sports), posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;

33. relaying email from a third party's mail servers without the permission of that third party;

34. using invalid or forged headers to disguise the origin of any Content transmitted to or through XY(Sports)’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;

35. using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the XY(Sports) Website for the purposes of sending unsolicited or unauthorized material;

36. engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or

37. using the XY(Sports) Services in a manner inconsistent with any and all Applicable Law.

9. Protecting Copyrights and Other Intellectual Property

XY(Sports) respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is XY(Sports)’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.

If you believe your work has been copied and posted on or through the XY(Sports) Services in a way that constitutes copyright infringement, please send XY(Sports)'s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the XY(Sports) Services (providing the
URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.

XY(Sports)'s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, XY(Sports) INC., 2710 Florida Blvd., Delray Beach, FL 33483; Facsimile: (508) 861-0244; Phone: (561)749-2042; Attn: Copyright Agent. XY(Sports)'s Copyright Agent for notification of claimed infringement can also be reached electronically at monett@xysports.com. XY(Sports) provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works. In order to inquire about the availability of these tools and technologies, please contact XY(Sports)’s Copyright Agent at the email address listed.

10. Third Party Linked Services

Linked Services created by third party developers may be available on, through or in connection with the XY(Sports) Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your XY(Sports) profile or shared with other Users on the XY(Sports) Services or which may link to your XY(Sports) account from outside of the XY(Sports) Services. Linked Services may use your XY(Sports) profile information, friends and/or other profile content on the Linked Service and share activity events between XY(Sports) and the Linked Service (depending on the features the Linked Service chooses to make available).

When you engage with a third party Linked Service, you are interacting with the third party, not with XY(Sports). XY(Sports) does not control the third party, and cannot dictate their actions. If you choose to use a third party Linked Service, the Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. In addition, the third party providing the Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. XY(Sports) is not responsible for and makes no warranties, express or implied, as to the third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). XY(Sports) encourages you not to provide any personally identifiable information to any third party Linked Service unless you know and are comfortable with the party with whom you are interacting.

11. Member Disputes

You are solely responsible for your interactions with other XY(Sports) Users, third party developers or any other parties with whom you interact through the XY(Sports) Services and/or Linked Services. XY(Sports) reserves the right, but has no obligation, to become involved in any way with these disputes.

12. Privacy

Use of the XY(Sports) Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

13. Disclaimers

XY(Sports) is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the XY(Sports) Services or Linked Services, by Users of the XY(Sports) Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of XY(Sports). In addition, XY(Sports) is not responsible for any damage, injury or loss caused by Users of the XY(Sports) Services or by any of the equipment or programming associated with or utilized in the XY(Sports) Services or Linked Services.

Profiles and Linked Services created and posted by Members on, though or in connection with the XY(Sports) Services may contain links to other websites or services. XY(Sports) is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by XY(Sports). Inclusion of any linked website or service on the XY(Sports) Services does not imply approval or endorsement of the linked website or service by XY(Sports). When you access these third party sites and
services, you do so at your own risk. XY(Sports) takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the XY(Sports) Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties.
XY(Sports) is not responsible for the conduct, whether online or offline, of any User of the XY(Sports) Services or Linked Services. XY(Sports) assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. XY(Sports) is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the XY(Sports) Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the XY(Sports) Services or Linked Services. Under no circumstances shall XY(Sports) be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the XY(Sports) Services or Linked Services, attendance at a XY(Sports) event, from any User Content posted on or through the XY(Sports) Services or Linked Services, or from the conduct of any Users of the XY(Sports) Services, whether online or offline. The XY(Sports) Services and Linked Services are provided "AS-IS" and as available and XY(Sports) expressly disclaims any warranty of fitness for a particular purpose or non-infringement. XY(Sports) cannot guarantee and does not promise any specific results from use of the XY(Sports) Services or Linked Services.

14. Limitation on Liability

IN NO EVENT SHALL XY(SPORTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE XY(SPORTS) SERVICES OR LINKED SERVICES, EVEN IF XY(SPORTS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, XY(SPORTS)'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO XY(SPORTS) FOR THE XY(SPORTS) SERVICES DURING THE TERM OF MEMBERSHIP.

15. U.S. Export Controls

Software available in connection with the XY(Sports) Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the XY(Sports) Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and XY(Sports) agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the XY(Sports) Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

17. Indemnity

You agree to indemnify and hold XY(Sports), its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the XY(Sports) Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the XY(Sports) Services.

18. Other

This Agreement is accepted upon your use of the XY(Sports) Website or any of the XY(Sports) Services and is further affirmed by you becoming a Member. Your agreement with XY(Sports) will always include this Agreement at a minimum. Your access and use of certain XY(Sports) Services will require you to accept additional terms and conditions applicable to such certain XY(Sports) Services, in addition to this Agreement, and may require you to download Software or Content. The failure of XY(Sports) to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. XY(Sports) is a trademark of XY Sports Inc.. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

XYSPORTS.COM AS A RECRUITEMENT PLATFORM:

You agree that your use of this website will not violate any local, national or international law. All of the information you have provided to XY Sports, Inc. is completely accurate and truthful. You have not and will not access privileged information (you have not and will not access other user’s passwords, usernames, etc.) By registering for a college coach’s account, you must be an NCAA Division I, II, or III, NAIA, or other college athletic association head coach, assistant coach and/or official collegiate recruiter. By registering for a high school or club coach’s account, you must be currently employed or have been previously employed by a high school or club organization in the sport for which you are registering. By registering as an athlete, you must in fact be a high school athlete or college student who is looking to transfer to another university as an NCAA (or other athletic association) athlete. By registering untruthfully as an athlete, college coach, high school coach or club coach you can and will be held liable for your actions and the consequences. This is considered flagitious access to information and XY (Sports) reserves the right to pursue further action. You have not and will not access those files reserved solely for xysports.com administrators and XY Sports, Inc. You have not and will not solicit other xysports.com users and/or members. Soliciting registered users of xysports.com, either coaches or athletes, is strictly prohibited. Legal action will be taken against any and all persons or companies soliciting registered users of XY(Sports). You have not and will not use any of xysports.com’s and XY Sports, Inc.’s material (logos, graphics, art works, text, articles, database, internet coding, etc.) without written permission from XY Sports, Inc. XY(Sports) and the translated documents provided by XY Sports, Inc. are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information or services obtained from xysports.com without the express permission of XY Sports, Inc. XY(Sports) is not responsible for the actions of those users (both coaches and athletes) who do not abide by regulations is in no way affiliated with the NCAA. All users are responsible for their own actions. All users are responsible for knowing the NCAA’s rules, regulations, and laws. All users are responsible for abiding by the NCAA’s rules, regulations and laws. Neither xysports.com or XY Sports, Inc. is responsible for coaches and/or athletes who violate or specific sport governing body rules and regulations. Violators are subject to account termination. XY(Sports) does not promote any violations of NCAA or specific sport governing body rules or regulations. XY(Sports) has the right to terminate membership and usage of any users who XY Sports, Inc. feels have violated XY(Sports)’s Terms of Use. Only actual collegiate athletic coaches are permitted to register for xysports.com college coach accounts. Members — both coaches and athletes — agree to only post accurate, truthful information in their xysports.com accounts.

XY(Sports) is not responsible for any misrepresentation by either an athlete, her family, or a coach or school. By registering with xysports.com or using XY (Sports) service as a either coach or an athlete you agree to XY (Sports)’s Terms of Use.

LEGAL DISCLAIMER

Your access to and continued use of XY(Sports)’s services at www.xysports.com constitutes your acceptance of all provisions contained herein. If you do not agree with the these provisions, you should discontinue all use and exit the site immediately. XY Sports, Inc. reserves the right to amend these terms and conditions at any time and without notice. It is your responsibility to check for all updates. Each member agrees that use of the xysports.com is at his/her sole risk. XY Sports, Inc. does not warrant that the service will be uninterrupted or error free. xysports.com does not make any warranty as to the results obtained from xysports.com usage or as to the accuracy, reliability, or content of any nformation, service, or merchandise provided through XY (Sports).

INTELLECTUAL PROPERTY

LINKS TO THIRD PARTY SITES AND VIRUSES

XY (Sports) contains links to different Internet sites. These links are not endorsements of any services, products, or companies. Furthermore, information on such site has not been endorsed or approved by XY Sports, Inc. All responsibility or liability for any damages caused by viruses contained within this internet site or in the channels of delivery are disclaimed.
Product and Service Descriptions and Availability, Errors Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice.
Company shall have no liability of any kind if a product or service that has been ordered is unavailable.
If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on xysports.com, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing, at our option, XY(Sports) credits, with a value at least equal to the amount charged to your credit card. XY(Sports) reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.

DISCLAIMER

XY SPORTS, INC. MAKES NO WARRANITES OF ANY KIND, EXPRESS, OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.


PRODUCTS AND SERVICES ARE PROVIDED OR SOLD “AS-IS” AND XY SPORTS, INC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XY SPORTS, INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. XY SPORTS, INC. DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES. FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT VIRUSES.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by XY Sports, Inc.

LIMITATION ON LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL XY SPORTS, INC. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF XY SPORTS, INC. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, XY
SPORTS, INC. LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO XY SPORTS, INC. FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE,YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM XY SPORTS, INC., REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWAS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

ARBITRATION / NO CAUSE OF ACTION

Except where prohibited by law, as a condition of using this website, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with this website, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator, selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Florida, County of Palm Beach, or the United States District Court. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Florida, County of Palm Beach, or the United States District Court.

To contact us regarding any questions about this Agreement, please email us using the information on our CONTACT US page.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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