Terms of Use

Last Update: September 30, 2020

These Terms of Use (these “Terms“) are a legally binding agreement between The Athletic Advisor LLC, a Kansas limited liability company (referred to in these Terms as “TAA” “we,” “our,” “us” and similar terms) and each person who accepts these Terms (referred to as “you,” “your,” and similar terms).

By clicking “I Accept” or taking similar action to accept these Terms, or using the Services, you expressly acknowledge that you have read and understand and agree to these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.

1. These Terms govern your use of www.athleticadvisorllc.com and all related mobile applications, web applications and technology that we provide to you in connection with your use of the Site and the Services (the “Site“). “Services” means the use of the Site, all Services that we provide to you through the Site from time-to-time, including, but not limited to, the ability to create an Interactive Player Profile, the Coaching, and such other services and functionality as we provide to you through the Services from time-to-time. Each Subscription will entitle one student user to create an Interactive Player Profile and to receive the Coaching, and will allow one parent user to access and monitor the applicable user accounts and subscriptions. Unless otherwise provided in these Terms, each user will have the same rights and obligations under these Terms. 
2. Interactive Player Profile. Through the Services, we will provide you with the ability to input information to create an Interactive Player Profile (as we have identified it through the Services) using information you input through the Services, or using such other format or structure as we provide to you from time-to-time. You agree that all information you provide will be accurate and complete to the best of your knowledge. Parental users will not be entitled to create an Interactive Player Profile, but will be entitled to see all information incorporated into the Interactive Player Profile and otherwise accessible through the user account on the applicable Subscription.
3. Coaching. Through the Services we will provide certain automated coaching sessions using pre-recorded videos, and may provide individualized coaching services to you if and to the extent provided in your Subscription, or otherwise at our discretion (the “Coaching“).  Some segments of the Coaching and Interactive Player Profile may be optional to complete; any sessions which are skipped may limit the results or presentation of the Interactive Player Profile and Coaching, and may cause the Services to be limited or to not fully function as intended.
4. No Guaranteed Results.  Notwithstanding anything to the contrary in these Terms, the content of the Services, or our other communications with you, we make no guarantees to you regarding the results or use of the Services, including, without limitation, no guaranty that you will receive any scholarship offer or be accepted to any particular college, university, or athletic program.
5. Subscription. In order to use the Services, you must purchase a subscription (the “Subscription“) through the Site. The terms of your Subscription will be as provided at the time of purchase. A description of current Subscriptions is available here. You agree by purchasing a Subscription that you will furnish accurate and current information to us as requested through the Site at the time you purchase your Subscription. It is your responsibility to keep your information in your user account up to date. You must also keep your login information secure, and will contact us immediately if you suspect that your login information has been compromised or you otherwise suspect a security breach. If you incur charges or fees in connection with your use of the Services, you agree that you are liable for and responsible for such charges or fees whether payable to us or to a third party.  If you provide to us a credit card or information for automatic withdrawal or ACH payment from a bank account to pay fees for the Subscription or other purchases that you make, you hereby authorize us to process such payment method when those fees are due, or when you otherwise authorize us to process payment.
6. Fees for Additional Services. We may change our standard rates or pricing at any time by posting the updated rates on the Services. Changes in our standard rates will apply to any purchases or renewals made after the date such changes take effect. Please check the Services often or contact us for current pricing. All purchases of Subscriptions are final, and there are no refunds.
7. Parental Accounts.  In order for any user who is not at least 18 years old to use the Services, we may require parental consent and authorization using any means or method we choose. We may authorize the applicable parent or guardian to create a user account under the applicable Subscription, which may permit the parent to view all information provided by the applicable student athlete user through the Services.  Parental users will not be entitled to use the Services, except to view the content provided by the applicable student user, and to purchase a Subscription and to authorize us to provide the Services. Each parental user will be liable for all obligations incurred in connection with the applicable Subscription.
8. Submitting Videos. If you submit a video to us (each a “Video“) using a link, digital file, or otherwise, you represent that you are authorized to post the Video and to authorize us to use the Video as requested at the time that you submit it to us, and that any information you provide to us with or as part of the Video is true and accurate. You also represent and warrant that your use of the Video in connection with the Services does not violate the rights of any natural or legal person or entity, including intellectual property rights (such as copyright or trademark), rights to privacy or publicity, and contractual rights.
9. General User Requirements. The Services are intended solely for users who are at least 13 years old. If you are at least 13 years old, but are not yet 18 years old, you may use the Services only with the supervision and consent of your parent or legal guardian, and if you are accepting or consenting to these Terms on behalf of a minor, you agree to the application of these terms to that minor, and represent that you have legal authority to do so as the parent or legal guardian of the minor. If you are 12 years old or younger, you may not use the Services. You must be a permanent resident of the United States of America to use the Services. By using the Services, you also certify that you will not use the Services if any applicable laws prohibit you from doing so in accordance with these Terms.
10. Permitted Use. You may only use the Services to create an Interactive Player Profile and to receive the Coaching, and for such other purposes as we authorize from time-to-time.
11. Acceptable Use. You agree that you will use the Services only in a manner that complies with and does not violate any local, state, national or foreign law, rule or regulation. You acknowledge that you may not use the Services in any way that:
    1. harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    2. is harmful, unlawful, threatening, abusive, harassing, defamatory, libelous, invasive of any other person’s privacy, obscene, pornographic, offensive, or exploits any person in any way;
    3. solicits any personal information from any person who is a minor, except if consented to by the parent or legal guardian of the minor;
    4. includes personal or identifying information about another person without that person’s express consent;
    5. impersonates any person, organization, association or any other entity, or falsely states or otherwise misrepresents your affiliation with another person or entity; 
    6. is false, deceptive, misleading, deceitful, or in any way misrepresents the truth of any matter;
    7. constitutes or encourages the commission of any criminal offense, or that provides instructional information about any illegal activity, including but not limited to making weapons, explosives, drugs, or computer viruses;
    8. constitutes conduct that would give rise to civil liability or otherwise violate any law;
    9. violates, plagiarizes, or infringes our rights or the rights of third parties, including but not limited to copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
    10. violates any law or contractual relationship to which you are subject;
    11. transmits software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment; 
    12. restricts or inhibits any other user from accessing or using the Services, whether by damaging, disabling, overburdening, impairing, or interfering with the functionality or quality of the Services in any manner;
    13. uses any robot, spider, crawler, scraper or other automated means not expressly authorized by us to access the Services; 
    14. circumvents or attempts to circumvent any measure designed to protect the Services, or third parties;
    15. use the Services for any commercial purpose except as expressly permitted in these Terms; or
    16. export or otherwise transmit the Services outside of the United States.
12. User Submissions. We welcome your comments regarding the Services and the Services. We appreciate hearing from you. If you submit feedback to us regarding the Services or the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission“), you understand and agree that the User Submission will become solely our property. A User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on our part, and we will not be liable for any use or disclosure of any User Submission. We shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
13. Term. Each Subscription will be for the period beginning on the date you purchase a Subscription and ending on September 1 of the calendar year which you specify that your freshman year in college is expected to begin, or such other period designated when your Subscription is purchased.
14. Termination. You may terminate your account at any time for any reason by using the features provided through the Services. We reserve the right to terminate your Subscription immediately upon written notice to you if you materially breach these Terms. Your Subscription and your right to use the Services will automatically terminate upon the termination of these Terms.
15. License. We hereby grant to you a limited, personal, non-exclusive, non-assignable, non-commercial, and non-sublicensable license to access and utilize the Services for the sole purpose of using and enjoying the Services in the manner provided in these Terms. You agree that we have not granted you any right or license not expressly provided in these Terms.
    
    You agree not to copy, prepare derivative works based on, use for competitive purposes (including in connection with the preparation of, planning for, development of, or in any way related to the operation, marketing, development, deployment, or sale of competing products or services), reverse engineer, or attempt to duplicate any of the Services, in whole or in part. You certify that you are using the Services solely for the purpose of creating an Interactive Player Profile and receiving the Coaching and not for any other purpose. You agree not to data mine, scrape, fusker, or otherwise attempt to employ any process or technique, automated or manual, to extract information or content from the Services.
    
    All aspects of the Services, including all aspects of their presentation and all of their underlying code, including, but not limited to, their design, organization, structure, selection, coordination, expression, “look and feel,” and arrangement are controlled, owned or licensed by or to us, and are protected by law. No part of the Services may be used in any manner not expressly authorized by these Terms. No part of the Services or the Services may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed without our express prior written consent.
16. Mobile Communications. You also agree that we may respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us. Your phone company’s normal messaging, data, and other rates and fees will still apply.
17. Mobile Services. To use or access the Services through a mobile application, you will need a compatible device. We cannot guarantee that the applications will be compatible with, or available on, your device. Also, your phone company’s normal messaging, data, and other rates and fees will still apply.
18. Privacy and Policies. Your use of the Services is subject to our Privacy Policy available at https://athleticadvisorllc.com/privacy-policy/ and all other policies that we provide to you from time-to-time by posting such policies on the Services or otherwise providing them to you (collectively, the “Policies“). You agree that the Policies are a part of these Terms. We may modify the Policies at any time in the same manner as we may modify the rest of these Terms.
19. Our Right to Modify these Terms. We may modify these Terms at any time by providing to you a modified copy of these Terms by email or by posting them. The modified Terms will be effective when provided to you, unless we specify a later date. If you do not agree to the modified Terms, your only option is to stop using the Services after the effective date of the modified Terms. Your continued use of the Services after the effective date of the modified Terms will be your affirmative agreement to the modified Terms. We may modify any information referenced in the hyperlinks from these Terms from time to time, and such modifications will become effective upon posting, unless a later date is specified. Continued use of the Services after the effective date of any such changes shall constitute your consent to the changes. these Terms may only be modified as provided in this Section or by written agreement of the parties.
20. Our Right to Suspend or Terminate Your Account. We reserve the right to suspend, restrict or terminate any user account at any time and without notice if we, in our sole discretion, suspect that you violated these Terms; violated any law or third-party agreement; or committed any other act which we, in our sole discretion, consider to be detrimental to or inappropriate for the Services. You agree that if you, through your use of the Services, appear to have infringed on the intellectual property rights of any other person or entity, we may terminate your user account. We may, in our sole discretion, suspend, restrict, or terminate any or all users associated with that Subscription. You agree that these provisions apply even if you have purchased a Subscription, and that you will not be entitled to claim a refund of any portion of that Subscription in the event of any suspension or termination that we are entitled to make under these Terms.
21. Continuing Liability. Even after you are no longer an active user and after termination of your Subscription, you will remain bound by the representations, warranties, and promises you have made to us regarding any User Submissions you provided to us. You will likewise remain responsible for any injury, damage, or other liability that arises out of or relates to your User Submissions or any other aspect of your use of the Services.
22. Access After Termination. Upon expiration or any other termination of your Subscription, you will no longer have access to your user account, Interactive Player Profile, the Services, nor any information entered into and stored in the Services. After your Subscription is terminated, we have no obligation to maintain any information stored in or related to your Subscription, including, but not limited to, your Interactive Player Profile. We reserve the right to permanently erase all User Submissions and other information you submitted or otherwise had access to at any time after your Subscription is terminated.
23. Communications. By purchasing a Subscription or otherwise providing your contact information to us, you agree to receive communications from us, including via e-mail. Communications from us may include but are not limited to: operational communications concerning your user account or use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning our business and industry developments. You may opt out of receiving promotional emails by following the unsubscribe options in the promotional email itself.
24. Disclaimers. The following disclaimers are made on behalf of us, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and owners. The Services is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not warrant that your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements or the requirements of any third party, that any defects in the Services will be corrected, or that the Services is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, interoperability with any system, connectivity or availability of the Services. We expressly disclaim all liability arising from the unauthorized use of your user account. You agree to comply with all laws that govern your use, possession, and authorized or unauthorized disclosure or data breach involving personally identifiable information, and all other information that you receive or submit to us through use of the Services.
    
    We make no representation, warranty or guaranty that anyone who uses the Services will be able to achieve any particular result, or that the content of the Services is accurate, complete, or current.
25. Limitation of Liability. To the fullest extent permitted under applicable law, you hereby agree that you will defend, indemnify and hold harmless us, and our officers, directors, owners, shareholders, agents, employees and representatives, and any related or affiliated companies or persons and their respective officers, directors, shareholders, agents, employees and representatives (collectively, “TAA” for purposes of this Section only), from all liabilities, including but not limited to any direct, indirect, consequential or punitive damages arising out of or relating to your access to or use of the Services, your violation of these Terms. You agree to hold TAA harmless from and against any liability for damage or injury to any person’s property, injury to a person or death, any claim based on any inclusion or omission in the Services, any claim based on our procurement, compilation or delivery of the Services on this website, any claim based on any errors, omissions or inaccuracies in the Services or the delivery of the Services, regardless of how caused, any claim based on delays, interruptions or incompleteness in the Services, and any claim based on any action or inaction or decision made arising out of, relating to or relying upon the Services.
    
    IN NO EVENT WILL TAA BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE SERVICES, OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
26. Intellectual Property. All intellectual property rights in the Services are owned by us absolutely and in their entirety. These rights include, and are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of those rights.
27. General. These Terms shall be governed by the laws of the State of Kansas without regard to conflict of law principles. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of these Terms. In that event, a court of competent jurisdiction will replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible under applicable law, the same effect as the invalid or non-binding provision, given the contents and purpose of these Terms. You agree that these Terms may be automatically assigned by us, in our sole discretion by providing notice to you. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. these Terms contain the entire understanding and agreement between you and us with respect to the subject matter of these Terms, and supersede all previous written or verbal understandings and agreement between the parties.
28. Mandatory Arbitration, Venue, Limitation of Remedies and Damages. All controversies, claims, and disputes of any kind arising out of or relating to these Terms, the Services or the Services, shall be subject to mandatory binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitration proceedings shall be held in the County of Sedgwick County, Kansas. If we are ever determined to be liable to you or any third party for any reason, then your sole and exclusive remedy shall be damages payable to you or on your behalf in an amount equal  to one-half of the fees you paid to us during the 12 month period ending on the date of the events that resulted in the claim.
29. Notices. Except as expressly stated otherwise, any notices to us shall be emailed to support@athleticadvisorllc.com or through any means we designate in the Services. All notices we send to you will be sent to you through the Services or given to you via the email address or physical you provide to us during the registration process. A notice provided to any user on a Subscription will be deemed to be a notice to all users on the applicable Subscription.
30. Notification of Copyright Infringement (DMCA Notice). Pursuant to the Digital Millennium Copyright Act (“DMCA“), copyright holders who believe that their rights are being infringed by content appearing on the Services should notify our copyright agent by sending a notice to us as provided in this policy. This policy is subject to these Terms and may be modified as provided in these Terms.
    
    (a) Submitting a request if you believe your copyright has been infringed. You may submit a complaint using our online form. If you prefer to submit a report in writing, please provide us with the following information:
    1. Your full legal name, mailing address, telephone number(s), and email address.
    2. The identity of the copyrighted materials that you believe are being infringed.  Be sure to include sufficient detail for us to identify the work(s), such as the URL of a page containing the material. If you believe multiple works are being infringed, you can provide a representative list of those works (including, for example: title, author, any registration or tracking number, and URL).
    3. Enough detail for us to locate and remove the material you believe is infringing your works, including at least the URL to the page containing those materials, or a screenshot of the page showing the material and the URL.
    4. Your notice also needs to include the following statements:”I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).””I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    5. Your electronic or physical signature.

    When you’ve completed your notice with all of the information described above, send it to Ryan Hubbell at the following address:
    2439 N. Greenleaf St.
    Wichita, KS 67226

    (b) If You Have Received a Notice of Infringement. If you have posted content to the Services that has been disabled or removed as the result of a claim of infringement, you can send us a counter-notice to contest the removal using a form we provide, or in writing containing all of the following:

    1. Identification of the removed or disabled material, as well as its location or URL at the time it was removed or disabled.
    2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question.
    3. Your name, address, and telephone number.
    4. A statement that (1) you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which TAA may be found and (2) that you will accept service of process from the person who submitted a notice in compliance with this Section.
    5. Your physical or electronic signature.

    When you’ve completed your counter-notice with all of the information described above, send it to our designated copyright agent at the following address:

    Ryan Lee Hubbell
    2439 N. Greenleaf St.
    Wichita, KS 67226

    (c) Disclosure of Your Information in Connection with Legal Proceedings. Note that we may have to share information about you with individuals or entities asserting their rights under the DMCA, whether because they subpoena us or because of some other legal obligation.  You agree that we may do so without notice to you.