ReQRuitme Terms of Use & Privacy Policy

 

1.  About These Terms of Use

Thank you for visiting the ReQRuitme.com website and its related tools and services (collectively, the "Service"). The Service, including, but not limited to all pages within the ReQRuitme.com website and any mobile applications we provide, are owned and operated by Banana Pie Marketing, LLC, a Delaware limited liability company ("ReQRuitme" or "we" or "us" or "our").  By registering with us or clicking "Submit" or "Agree" where indicated a person or company ("user" or "you" or "your") agrees to these Terms of Use ("Terms of Use") and the ReQRuitme Privacy Policy ("Privacy Policy", and together with the Terms of Use, the "Agreements"). 

These Terms of Use are a legal agreement between you and ReQRuitme.  By using or by registering for the Service, you represent that you have read all of these Terms of Use, that you understand them, that you are at least thirteen (13) years of age, that you are fully able and competent to enter into the terms and conditions set forth in these Terms of Use, and are otherwise capable of forming legally binding contracts under applicable law, and you agree to be bound by these Terms of Use.  In addition, each user 13 to 17 years of age must also have a parent or guardian sign on the user’s behalf.

If ReQRuitme decides to modify these Terms of Use or the Privacy Policy, then ReQRuitme will notify you of the changes and the effective date of the changes ("Change Date").  Your continued use of the Service after the Change Date shall constitute acceptance of the revised versions of the Agreements.  If you do not agree to the to the new versions of the Agreement, then you must cease all use of the Service prior to the Change Date, and you will continue to be subject to the Agreements immediately preceding your termination.  

Please note that all payments are final and non-refundable.  Upon termination, you will not receive any refund for any prepaid sums that you paid us prior to termination. You are responsible for regularly reviewing the Terms of Use and you should visit the Service periodically to keep yourself aware of any changes.  You agree that these Terms of Use and any related notices hereunder are effective and enforceable in electronic format. 

 

2.  About the Service

The Service is designed to be an innovative forum for connecting recruiters with talented athletes. It is intended to be an informative and useful service, and it is important to us that it remains a safe, friendly, and trustworthy space to interact with us and other users. Accordingly, you agree that you will only use the Service in a manner consistent with their purpose and in accordance with these Terms of Use. ReQRuitme's role is to make the Service available to you and other users. However, ReQRuitme does not control you or other users. Notwithstanding, users should report abuses or violations of the Service to us by emailing us at info@reQRuitme.com, with sufficient detail identifying the conduct in question so that ReQRuitme may determine, in its sole discretion, whether to take action with respect to such reported conduct.

ReQRuitme does not endorse or vouch for you or any other ReQRuitme users, or third parties, or for the information you or they share on the Service. You are responsible for all information that you post or share, and each user is solely responsible for verifying the accuracy and completeness of any information received via the Service. ReQRuitme does not verify the identity of users, thus you are solely responsible for determining the identity and suitability of others who you may choose to share with, contact or communicate with through the Service. ReQRuitme has the right (but not the obligation), in its sole discretion, to remove or refuse access to the Service to any user at any time in ReQRuitme's sole discretion.

 

3.  User Conduct and Use of the Site

As a condition to your continued use and enjoyment of the Service, you agree to the following rules of the Service:

-- You may not breach of any applicable federal, state or local law.

-- You may not engage in any infringing, tortious, fraudulent, abusive, or harassing conduct.

-- You may not do anything harmful to ReQRuitme, its users and business partners, or any other third party or property.

-- You may not violate another party's intellectual property, privacy or other rights.

-- You may not interfere with the operation, use or enjoyment by any person of the Service, or any other service, system or other property.

-- You may not violate any provision, clause, term or condition of these Terms of Use.

-- Certain portions of the Service and related information may be accessible only to users or affiliates, service providers, or other business partners of ReQRuitme, or otherwise may be password restricted. You may not gain or attempt to gain unauthorized access to such portions of the Service or to information contained in any of its restricted sections, to obtain or attempt to obtain confidential, proprietary and/or personal information stored on the Service which you are not authorized to access, to distribute passwords to unregistered or unauthorized users, or to make any unauthorized use of the Service.

-- Your use of the Service is solely for your personal, noncommercial use, and/or for use in connection with legitimate collegiate recruiting activities in accordance with laws, regulations, rules and commonly accepted standards applicable to such activities.

-- You may not copy or distribute any part of the Service (including, but not limited to, other users' User Submissions, as that term is defined below) in any medium without ReQRuitme's prior written authorization.

-- You may not use the Service to create, develop or promote any person or enterprise, whether or not for profit, except yourself if you are an athlete, or, if you are a recruiter, the school, college or other organization on whose behalf you are recruiting athletes, but only to the extent required and if strictly related to the function of recruiting athletes to your specific school, college or other organization.

-- You may not interfere with another's use of the Service through the posting or transmitting of a virus or other harmful or malicious code or program.

-- You may not "spoof" or otherwise impersonate any other party, falsely state or otherwise misrepresenting your identity or affiliation in any way, or use an IP address not assigned to you, forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication.

-- You may not harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual (including but not limited to other users or users) or property, or provide instruction, information, or assistance in causing or carrying out such violence.

-- You may not disseminate viruses, Trojan horses, or other malicious code or program with the purpose or effect of damaging, interfering with, intercepting or expropriating any Service-related or third party system, data or information (including, but not limited to, personal information).

-- You may not use the Service to send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable, all in ReQRuitme's sole discretion.

-- You may not send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.

-- You may not send or receive material containing defamatory, false, or libelous material.

-- You may not send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity (so make sure you own or have all necessary rights to upload a photo or video!).

-- You may not post, send, or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships.

-- You may not engage in conduct that would expose ReQRuitme or its affiliates or service providers to civil or criminal liability.

-- You may not use the Service to post, send or otherwise disseminate advertising or any solicitation to any user or any other third party without their express consent; or to conduct or forward surveys, contests, pyramid schemes, or chain letters.

-- You may not assist others in engaging in prohibited conduct.

-- You are solely responsible for and will exercise caution, discretion, common sense and judgment in using and accessing the Service and all content contained therein. 

-- You agree to cooperate fully with ReQRuitme to investigate any suspected or actual activity that is in breach of these Terms of Use.

-- When you sign up to become a registered user of the Service, you agree to provide only true, accurate and complete registration information, and you shall maintain current and promptly update any relevant personal contact or other information provided by you to ReQRuitme.

-- Your access to the Service may require the payment of fees. If you agree to pay any fees, then you will timely pay any required fees and charges.  You will not intentionally provide false or inaccurate payment information for such purposes.

-- Upon creation of a profile on the Service and/or registration to become a user, your submitted content (each submission individually, and all submissions, collectively, referred to herein as the "User Submissions") may be available for viewing by other users, including but not limited to affiliates of ReQRuitme for evaluation, research and recruiting purposes. Notwithstanding the foregoing, however, ReQRuitme makes no representation or guaranty that your profile or User Submissions will be reviewed by the colleges you wish to connect with or any other third party, and ReQRuitme makes no guarantee with respect to the results of any recruiting efforts or activities.

-- You are solely responsible for the security of your username and password and your account.  Your login credentials are valid only for use by you. If, at any time, you believe that your account or password is being used by another person, you should notify ReQRuitme immediately by emailing us at info@ReQRuitme.com, and you should promptly change your password.

-- You acknowledge and agree that you are responsible for all content posted, published, displayed or transmitted via the Service by you (in your capacity as a user or otherwise), including, but not limited to, User Submissions. You may not transmit or otherwise make available on the Service any content or any personal information of any individual or any material protected by copyright, trademark, publicity, privacy or other intellectual property or proprietary right without the express permission of such individual and/or the owner of such rights, as applicable.

-- The burden of determining that transmission of the information is permissible, or that the material is not protected by such rights, is on you, the user. You agree that you will not submit any User Submission that you do not have a right to make available under law or contractual or fiduciary relationships. In the event that any third party consent is required in order to grant to ReQRuitme the rights described in these Terms of Use, you assume all liability and responsibility for securing any such consent.

-- You are solely liable for, and shall indemnify and hold ReQRuitme harmless for, any damages resulting from any infringement of copyrights, trademarks, proprietary rights, broadcast rights, violation of privacy or publicity rights, or any other harm resulting from your User Submissions or other submitted content or transmissions to or from the Service.

-- ReQRuitme shall not be responsible for, and you agree not to associate ReQRuitme and/or the Service with, any content posted on or transmitted to the Service, including, but not limited to, User Submissions. Notwithstanding, ReQRuitme reserves the right to monitor such content for any reason, and, in its sole discretion, to decide whether content or a User Submission is appropriate and complies with these Terms of Use, to remove any content or User Submission, and/or to terminate a user or user's access to the Service or deactivate a user's account at any time, without prior notice to such user or user. Please note that all payments are final and that upon termination, you will not receive any refund for any prepaid sums that you paid us prior to termination.

-- ReQRuitme also reserves the right to disclose data to law enforcement agencies or other authorities (including, but not limited to, the NCAA) who may investigate reports of misuse or abuse of the Service. You understand, acknowledge and agree that you may be exposed to User Submissions that are inaccurate or otherwise objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ReQRuitme now or in the future with respect thereto, and agree to indemnify and hold ReQRuitme harmless to the fullest extent allowed by law regarding all matters related to your use of the Service, whether as an athlete or coach, in submitting User Submissions and/or creating a profile focused on an individual athlete, or as a representative of a college or other organization using the Service for recruiting purposes.

-- You understand and agree that ReQRuitme is not required to edit or review any User Submission. However, you agree that all User Submissions may be subject to ReQRuitme's approval. ReQRuitme reserves the right, at any time, for any reason, to reject, suspend, cancel or remove content or a User Submission. ReQRuitme, its employees, consultants and other agents shall have no liability for taking such actions or decisions.

 

4.  Third-Party Content and Linking

The Service may provide links or references to other websites maintained by third parties over whom ReQRuitme has no control. The links and references are provided merely as a convenience and shall not be construed to imply any particular relationship with the third party websites. Similarly, the Service may be accessed from third party links over which ReQRuitme has no control. ReQRuitme is not responsible for and lacks control over the accuracy, currency or completeness of any information contained in or on their websites. You waive any claim against ReQRuitme with respect to third party websites.

 

5.  Copyright Infringement Policy

ReQRuitme is committed to complying with copyright and other laws, and expects all users of the Service to comply as well. Using the Service to transmit (whether by email, uploading, posting, or otherwise) any information or items without express permission of the owner of such information or items or to engage in any activity that infringes any copyright or any other right of a third party violates these Terms of Use.

If you believe that your work has been copied on the Service, or any of our other systems or networks in a way that constitutes infringement under the U.S. Copyright Act, please provide the following information to ReQRuitme for receipt of notification of claimed infringement (to ensure that your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. § 512(c)(3)):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Service;
  • Your address, telephone number, and email address;
  • 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; and
  • 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 authorized to act on the copyright owner's behalf.

 

Send the notice to:

Copyright Agent

ReQRuitme.com

333 East Lancaster Avenue, #312

Wynnewood, PA 19096-1929

E-Mail: sgonzalez@ReQRuitme.com

 

6.. Intellectual Property Rights

You retain any and all right, title and interest in the User Submissions you provide to and through the Service.  By uploading a User Submission, you grant ReQRuitme a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up license to use, copy, publish, distribute, create derivative works of, transmit, and display the User Submissions and derivative works thereof, and to copy, publish and distribute the User Submissions, including without limitation all personal information included in the User Submissions, in ReQRuitme's marketing and advertising materials of all types and in all formats, via all media, now known or hereafter invented.  As noted above, you confirm that you have all rights necessary to grant this license, and you indemnify ReQRuitme for any claims alleging that (a) you did not have all rights necessary to grant this license, (b) the User Submissions or any use of the User Submissions by ReQRuitme violate the rights of any person, or (c) the User Submissions or any use of the user Submissions by ReQRuitme violate any applicable, law, rule, regulation or policy.

ReQRuitme retains all right, title, and interest in and to the Service, and any software used by ReQRuitme in providing the Service. Any rights not expressly granted to you herein are reserved by ReQRuitme. You acknowledge that the Service and the software used by ReQRuitme in providing the Service contain ReQRuitme proprietary and confidential information. You may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, reproduce in whole or in part, display (except as necessary to exercise your rights hereunder), sublicense, or transfer the Service, any information contained therein, or any software used by in providing the Service, without the prior written permission of ReQRuitme.

The following are trademarks and service marks ("Marks") of ReQRuitme: REQRUITME; TODAY'S TECHNOLOGY, TOMORROW'S ATHLETE tagline; and the ReQRuitme logo and website design. Use of any ReQRuitme Marks, or other ReQRuitme trade names or logos is prohibited, unless expressly authorized in writing in advance by ReQRuitme. All use of the ReQRuitme Marks and the goodwill developed thereby shall be for the sole benefit of ReQRuitme.

The ReQRuitme content is protected by U.S. and international copyright law and may not be copied (except as necessary to use the Service as permitted by these Terms of Use and the Agreements), distributed, modified, or reproduced, in whole or in part, without the prior written permission of ReQRuitme. The Service and all content are Copyright © Banana Pie Marketing, LLC, which reserves all of its rights.

 

7.  Representations, Warranties, and Covenants.

You represent and warrant to ReQRuitme that:

a) you are at least 13 years of age, and that if you are under 18 you will have a parent or guardian also sign on your behalf.

b) you shall comply with all terms and conditions of the Terms of Use and other Service-related agreements, including, without limitation, the Privacy Policy.

c) all files, data, text, and other information you have provided or may provide to ReQRuitme or through the Service are and shall be, to the best of your knowledge, complete and accurate.

d) you own, or are otherwise lawfully authorized to use, any files, data, text, or other information that you may transmit to or through the Service or to other users of the Service.

e) that any use of the files, data, text, or other information supplied by you to us or to any other user does not violate any copyrights or other third party rights and will not cause injury to any person or entity.

f) you will timely pay to ReQRuitme any fees and charges that you agree to pay for using the Service, and you will not intentionally provide false or inaccurate payment information for such purposes.

g) any action you undertake that is related to your use of the services, including but not limited to posting information to the Service and receiving and/or relying on information posted to the Service by others (i) will not breach any agreements you have entered into with any other person or legal entity; (ii) will be in compliance with all applicable laws; and (iii) will not conflict with the legal rights, including but not limited to the intellectual property rights, of any other person or legal entity.

h) you have and will maintain and/or secure, as necessary, throughout your use of or access to the Service, all rights, authorizations, consents and licenses that are required with respect to, and in order to submit, your User Submissions to the Service and to permit ReQRuitme to post such content, perform its services and provide access and use of the Service as contemplated now or in the future.

i) you have obtained all necessary publicity releases, consents and/or permission of each and every identifiable individual person in any User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated herein.

 

8. Warranty Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT REQRUITME IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED BY YOU OR BY ANY OTHER USERS ON THE SERVICES OR SHARED OR MADE AVAILABLE BY ANY OTHER MEANS, OR FOR THE STANDARD OF CARE, IF ANY, EXERCISED BY ANY PERSON WITH WHOM YOU CHOOSE TO SHARE INFORMATION. SIMILARLY, YOU ARE RESPONSIBLE FOR ANY INFORMATION YOU OFFER TO OTHERS, AS WELL AS ALL OTHER ACTIONS OR OMISSIONS. UNDER NO CIRCUMSTANCES WILL REQRUITME BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND AS A RESULT OF ANY CONTENT OR OTHER INFORMATION POSTED OR TRANSMITTED THROUGH OUR SERVICE, PROVIDED BY THIRD PARTIES, OR TRANSMITTED BETWEEN OR AMONG USERS. YOUR ACCESS TO AND USE OF OUR SERVICE IS AT YOUR OWN RISK. BY USING THE SERVICE, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS BY OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM, AND YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM, REQRUITME WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.

IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT REQRUITME DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER. THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND PERFORMANCE IS WITH YOU. REQRUITME DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR FITNESS OF RESULTS, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, REQRUITME DISCLAIMS ANY WARRANTY FOR SECURITY, OPERABILITY, OR PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, REQRUITME DISCLAIMS ANY WARRANTY FOR ANY INFORMATION POSTED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. REQRUITME MAKES NO WARRANTY WITH RESPECT TO THE FITNESS OF ANY USER OR ANY USER'S ABILITY TO MEET THE TERMS OF A TRANSACTION. YOU ACKNOWLEDGE AND AGREE THAT THE DESCRIPTIONS OF THE SERVICE PROVIDED BY REQRUITME, WHETHER THROUGH THE SERVICE OR OTHERWISE, ARE NOT A PART OF THE TERMS OF SERVICE. REQRUITME IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM OR DAMAGES TO OR CAUSED BY ANY USER, OR ANY THIRD PARTY, OR FOR ANY OTHER REASON. REQRUITME DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR ANY USER SUBMISSION APPEARING ON THE SERVICE, INCLUDING WITHOUT LIMITATION ATHLETE PROFILES.

 

9. Limitation of Liability

IN NO EVENT SHALL REQRUITME OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, ASSIGNS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, ANY USER SUBMISSION, POSTING OR COMMUNICATION BY ANY USER OR THIRD PARTY, WHETHER OR NOT MADE AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL REQRUITME'S TOTAL LIABILITY TO YOU UNDER THESE TERMS OR THE AGREEMENTS EXCEED ONE HUNDRED DOLLARS (USD $100.00). THE FOREGOING LIMITATIONS OF LIABILITY REFLECT A DELIBERATE AND BARGAINED FOR ALLOCATION OF RISKS BETWEEN REQRUITME AND YOU.

10.  Indemnity

You agree to indemnify and hold ReQRuitme (and our directors, officers, employees, agents, service providers, predecessors, successors, parents, subsidiaries, assigns, and affiliates) harmless from any and all claims or demands, including reasonable attorney's fees and court costs, arising from any content or information you post or submit, your use of the Service, your breach of your representations and warranties hereunder, your breach of the Terms of Use or any other Service-related agreement, your violation of any laws, or your violation of the rights of any user or any other third party.

Further, you agree not to hold ReQRuitme responsible for any action, inaction, omission, or misstatement by other users or third parties from or through the Service.

 

11. Term and Termination; All Payments Non-Refundable 

ReQRuitme, in its sole discretion, has the right to deactivate your Account or otherwise terminate or block your access to the Service and to remove any of your content or User Submissions at any time, without notice, for any reason, including but not limited to violations of these Terms of Use or any provision of any Service-related agreement. You agree that ReQRuitme shall not be liable for any termination of access to or removal of content from the Service or for any consequences thereof.

If you become a user, you may terminate your account by logging into your Account, editing your profile to delete your Account, and paying any and all fees or other amounts outstanding with respect to your account.

Any suspension, termination or cancellation shall not affect your obligations to ReQRuitme under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

All payments for services hereunder are final and non-refundable. Please note that all payments are final and that upon termination, you will not receive any refund for any prepaid sums that you paid us prior to termination.

 

12.  Third Party Components

You acknowledge and agree that use of the Service requires third party equipment and software (collectively, the "Third Party Components") that must be provided by you. The Third Party Components include, without limitation, the following: a computer, a connection to the internet, operating system software, and a web browser (the necessary version of any of the foregoing may be designated by ReQRuitme from time to time). REQRUITME SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE THIRD PARTY COMPONENTS.

 

13.  Miscellaneous

You shall not assign these Terms of Use or any Agreements or any of your rights or obligations hereunder and any purported assignment of these Terms of Use or any Agreements by you in contravention of the foregoing shall be null and void.

No agency, partnership, employment, or joint venture is created between any user and ReQRuitme through the Terms of Use or any Agreements.

ReQRuitme shall not be liable for any failure or delay in its performance under these Terms of Use or any Agreements (including, without limitation, provision of the Service) due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental acts, acts of third parties, failures of third party software or equipment (including, without limitation, Third Party Components), power or electrical failures, Internet Protocol packet loss or misrouting, or any internet connectivity failures.

The Terms of Use and each Agreement is governed by the law of the Commonwealth of Pennsylvania, and the Federal laws of the United States of America, each without regard to its conflict of laws principles. Any controversy between the parties hereto involving any claim arising out of or relating to this Agreement shall be finally settled by one arbitrator in binding arbitration administered by the American Arbitration Association in accordance with its current Commercial Arbitration Rules and Optional Rules for Emergency Measures of Protection. Hearings shall be conducted by telephone or other real-time telecommunications technology so that witnesses shall not be required to travel more than one hour to give testimony. Any in-person hearings required by the arbitrator shall be conducted in Philadelphia, Pennsylvania, U.S.A. The arbitration award shall be binding on the parties, and may be entered and enforced in any court of competent jurisdiction.

If any provision of the Terms of Use or any Agreement is held by an arbitrator or other tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (a) the same shall not affect the other provisions of the Terms of Use or any other Agreement, (b) such provision shall be deemed modified to the extent necessary in the arbitrator's or tribunal's opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (c) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction.

Failure by ReQRuitme to act with respect to a breach by you or others does not waive the right of ReQRuitme to act with respect to subsequent or similar breaches. No waiver of any term of the Terms of Use or any Agreements will be valid unless in writing and acknowledged in writing by the party against whom enforcement is sought.

The Terms of Use and the Agreements contain the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous representations, discussions, negotiations, letters, proposals, agreements, and understandings between the parties with respect to the subject matter hereof, whether written or oral. 

Any action you may have with respect to use of the Service must be commenced within one (1) year after the claim or cause of action arises.

All questions, comments and legal notices should be submitted to:

ReQRuitme (Banana Pie Marketing, LLC)

333 East Lancaster Avenue, #312

Wynnewood, PA 19096-1929

Attn: Legal

 

14.  Last Update

 

These Terms of Use were last updated on January 10, 2012.

 

 

ReQRuitme Privacy Policy

Last updated:  January 10, 2012

1. About this Privacy Policy

Thank you for using ReQRuitme and visiting our website. Your privacy is important to us, and we have adopted this Privacy Policy to memorialize our data collection and disclosure practices for our website and its related tools and service, including any mobile applications we provide, our online platform software, and any web pages we control on any third party websites (collectively, the "Service"). The Service is owned and operated by Banana Pie Marketing, LLC ("ReQRuitme," "we, "us" or "our"). This Privacy Policy applies to anyone using or browsing our Service, and to information provided to us via the Service by visitors, customers or users of the Service ("users," "you" or "your"). However, it does not apply to information collected from our employees, contractors or vendors, or via any hard copy communications.

2. Consent

By using or registering with our Service, you consent to this Privacy Policy. If you do not agree with any provisions of this Privacy Policy, you may not use our website, platform software or other Service. Information collected through the Service may be transferred, used and stored in the United States and in foreign jurisdictions in which we, our users, or our agents for the Service are located now or at any time in the future. If you access the Service, you consent to the capture, storage, transfer, use and processing of your Personal Information (as defined below) in and between all of those jurisdictions. The data protection and other laws in some countries and jurisdictions (such as the Federal laws and some State laws in the United States) are not as comprehensive or stringent as the privacy laws in other countries and jurisdictions (such as the laws of the European Union). You agree that all transactions relating to our Service shall be deemed to have occurred in the United States, where we currently have all of our personnel and operations.

3. Collection of Information

We collect Personal Information in connection with our Service. When we use the term "Personal Information" we mean information that can be used to identify an individual and may include your first and last name, user ID, password, electronic mail address, unique NCAA identification number, Twitter, Facebook, Instagram, Flickr, LinkedIn or other unique social media handles, mobile phone number, your geographic location, or postal address, each by itself or coupled with any employment, or biographical information you choose to submit in connection with the Service, including but not limited to your date of birth, the schools you have attended, your experience in athletics, and your body measurements (such as height and weight). If you choose to use our website's social networking functions to post information to Facebook, Twitter or another social networking site, we may collect your user ID and password information associated with such accounts as necessary to make it easier for you to post to that site.

"Personal Information" also includes any credit card or debit card or other financial account information you may provide to us or to our third-party payment application provider for billing purposes. However, we try to send billing and payment information, including any credit card, debit card or bank account information, through third-party billing systems so that we do not store all such information on our servers.

ReQRuitme also collects "Non-Personal Information" about you.  "Non-Personal Information" means information that is not Personal Information, including, without limitation, aggregated and anonymized information derived from your Personal Information.

 

4. Use of Personal Information

ReQRuitme uses Personal Information to assist us in setting up accounts; improving online operations; processing transactions you initiate (for example, any credit, debit or other billing account information collected from you by us or on our behalf by a third party payment gateway are generally only used to process transactions requested by you); providing customer service; providing newsletters and/or other communications or services which you have signed up for or otherwise agreed to receive; displaying content on the Service that is customized to your interests or preferences, such as displaying select advertisements and sending you messages and offers, basing our selections on information, such as your geolocation, athletic record or any expressed interest in any school or organization, that you may choose to provide to ReQRuitme; sending account- or transaction-related communications such as welcome letters and transaction confirmations; performing research and analysis aimed at improving our products, service and technologies; publicly displaying Personal Information you choose to make available for public consumption (for example, Personal Information you choose to post to a public forum or user profile on the Service); sharing information with our trusted sponsors and business partners for any reason, including without limitation so they may contact you directly with special offers and/or other messages; and managing our systems. We may also use this information for internal purposes to help us diagnose problems, monitor traffic patterns and otherwise continually improve our Service.

5. Disclosure of Personal Information

We may disclose Personal Information and Non-Personal Information about you to companies, agents, contractors, service providers or others engaged to perform functions on our behalf, such as providing data storage, hosting our website, conducting audits and performing web analytics; and to market ReQRuitme products and services to you (for example, to email you messages concerning new ReQRuitme features or products, or special offers on behalf of ReQRuitme or on behalf of our trusted sponsors). We may also disclose Personal Information about you to other users of the Service as needed to deliver to you the products and services you have requested (for example, other users with access to your Personal Information on the Service may share your information with others through use of the Share Athlete feature), and we reserve the absolute right to share your Personal Information and Non-Personal Information with our trusted sponsors and business partners for any reason, including without limitation so they may contact you directly with special offers and/or other messages.

We may also disclose your Personal Information to third parties, in our sole discretion, (a) to enforce or apply the terms and conditions of the Service, including investigations of potential violations thereof, (b) to comply with legal or regulatory requirements or a governmental request, (c) to protect the rights, property or safety of ReQRuitme, other users or other third parties, (d) to any authority, such as a police department or regulatory authority, or (e) to detect, prevent or otherwise address fraud, security or technical problems that may arise. We may disclose Non-Personal Information to any third party for any reason in our sole discretion.

ReQRuitme reserves the right to transfer information (including your Personal Information and Non-Personal Information) to a third party in the event of a reorganization, spin-out, sale, merger, or transfer of some or all of the assets of our company, or in the unlikely event of a bankruptcy, liquidation or receivership of our business.

6. Accessing and Updating Personal Information

When you use our Service, we make good faith efforts to provide you with access to your Personal Information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backups), or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please e-mail us at info@ReQRuitme.com or contact us at the address stated below with any questions if you need assistance accessing or changing your Personal Information or if you would like to have your Personal Information deleted from our servers. Please be aware that if you delete your Personal Information, you may not be able to continue to use our Service. Please note that if you request that we delete your Personal Information, we may in our sole discretion retain certain information, including your Personal Information, to satisfy our legal, audit and/or dispute resolution requirements. We may also retain your Non-Personal information indefinitely.

7. Cookies and Automatic Information Gathering Technologies

Non-Personal Information (including aggregate, technical or demographic information) can also be collected through the standard operation of our internet servers and logs as well as other automatic data collection tools such as "cookies" and other similar technologies. A "cookie" is a small text file that is recorded either temporarily or persistently on your hard drive and that a website can use in order to recognize visitors who revisit a website so as to facilitate their ongoing access to and use of the website. Information we may collect through cookies and other similar technologies includes your browser type, language preference, operating system, referring website (if applicable), the name and type of device, the operating system of your device, the date and time of each user visit or request, the message boards or other discussion forums you visit, and the ReQRuitme service endpoints that you accessed or visited during your use of the Service. We may gather the information we collect from each user and we reserve the right to use such information for any reason in our sole discretion, including but not limited to performing statistical analysis of the aggregated information, including analysis about the behavior of visitors to our website on an aggregated, anonymous basis. However, information we collect from you through the use of cookies, web beacons and other technologies will not be shared with third parties for their direct behavioral advertising or targeted advertising purposes.

You may prevent our use of cookies to collect Non-Personal information about you by adjusting the option that is available in most web browsers to deny or accept cookies. Recognize, however, that cookies may be necessary in order to provide certain features such as the customized delivery of certain information.

8. International Users

By visiting our website and by providing us with your Personal Information or data, you acknowledge and agree that, due to the international dimension of the Service, we may use the Personal Information or data collected in the course of our relationship for the purposes identified in this Privacy Policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such Personal Information and data may be stored on servers located in the United States. By providing us with your Personal Information or data, you consent to the transfer of your Personal Information and other data to ReQRuitme's servers, which may be located anywhere in the world.

9. Children

We do not knowingly collect Personal Information from children less than 13 years of age. Nor do we authorize children less than 13 years of age to access or use the Service. If we learn that we have inadvertently collected Personal Information from a child under the age of 13, upon receipt of notice from the child or the child's parent or guardian, we will use reasonable efforts to delete that child's Personal Information from our systems.

10. Information Security

We utilize a number of information security measures to safeguard your Personal Information. Unfortunately, however, no data transmission over the Internet and no method of data storage can be guaranteed to be secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we do not guarantee its security.

11. Your California Privacy Rights

A California resident who has provided personal information to a business with whom she or he has established a business relationship for personal, family, or household purposes ("California Customer") is entitled to request information about whether the business has disclosed her or his Personal Information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information to third parties for direct marketing purposes and providing a cost free means to exercise that right.

Currently, we do intend to share your Personal Information with third parties for their own direct marketing purposes.

Please note that whenever you choose to share your Personal Information with a third party or allow your Personal Information to be shared with a third party to communicate with you, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use your Personal Information and other information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

California Customers may request further information about our compliance with California's privacy law by e-mailing info@ReQRuitme.com or contacting us as stated below. Please note that we are only required to respond to one request per customer per year, and we are not required to respond to requests made by means other than through this e-mail address.

12. Message Boards, Social Media, and Other Online Forums

Please note that we are not responsible for the privacy policies, practices or the content of websites owned by others that you may link to or that may be linked from or integrated with the Service. Accordingly, we encourage you to review the privacy policies and terms of service of any such websites so that you understand how those websites collect, use and share any Personal Information they may collect about you.

When you choose to post comments, messages and/or profile content on our Service, most of the content is viewable by third parties and, in the case of public online forums and student-athletes' user profiles, is publicly viewable. Accordingly, you should exercise discretion with regard to what Personal Information you post on our Service and on third party websites, and should not publicly post highly confidential or sensitive information. ReQRuitme is not responsible for how third parties who view your Personal Information may use this information, such as to send you unsolicited messages. 

13. Changes to this Policy

ReQRuitme may modify or update this Privacy Policy periodically with or without prior notice by posting an updated policy on the Service. You can always check the "last updated" date at the top of this document to see when the Privacy Policy was last changed. We may also post a notice of changes to this Privacy Policy on our website. We encourage you to check this Privacy Policy from time to time. Your continued use of our website and/or Service following the posting of an updated Privacy Policy constitutes your consent to the contents of such policy. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING OUR WEBSITE AND SERVICE AFTER THE EFFECTIVE DATE OF SUCH CHANGES. Please note that upon leaving the Service, any Privacy Policy in effect immediately prior to your leaving shall continue to be binding on you.

14. Contact Us

To ask questions about our Privacy Policy, obtain more information, or to lodge a complaint, contact us at:

ReQRuitme.com 
333 East Lancaster Avenue, #312
Wynnewood, PA 19096-1929

E-Mail: info@ReQRuitme.com