Last updated on May 11, 2018
On The Board, LLC ("OTB") provides a means of connecting athletes (“Athletes”) and colleges, recruiters, and coaches (“Institutions”) to allow Athletes to create and manage profiles for Institutions to inspect and use to locate and acquire athletic talent. After signing up, Athletes and Institutions may communicate amongst themselves. Note that throughout the balance of this document Athletes and Institutions are collectively referred to as “Users”.
In order to use the Service (as defined below), all Users must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (the "Agreement"), which may be modified by OTB from time to time at our sole discretion. All modifications will be posted on www.ontheboard.com (the "Website") and Mobile Apps and such modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. We strongly recommend that, as you read this Agreement, you also access and read the linked information.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT.
OTB provides a means of connecting athletes (Athletes) and colleges, recruiters, and coaches (Institutions) to allow Athletes to create and manage profiles containing personally submitted data and video for Institutions to inspect and use to locate and acquire athletic talent. After signing up, Athletes and Institutions may communicate amongst themselves.
Before you become a member of OTB, you must read and accept all of the terms in, and linked to, this Agreement. By accepting this Agreement, you agree that this Agreement will apply whenever you use OTB sites or services, or when you use the tools we make available to interact with OTB sites and services.
As a first condition of your use of the Service, you agree to: (a) Provide OTB with true, accurate, current, and complete information as prompted by the OTB's registration forms when registering for or using the Service as either a Athlete or as an Institution; and, (b) Update and maintain the truthfulness, accuracy, timeliness, and completeness of such information. If you register as an Athlete and are under the age of fourteen (14), you are prohibited from using or registering for the Service. If you register as an Institution and are under the age of eighteen (18), you are prohibited from using or registering for the Service. Membership in the Service is void where prohibited by law.
OTB will assign you a user ID and a password when you register. Your user ID and password may only be used by you and: (a) The members of your household if you are an Athlete; and/or, (b) Your authorized agents if you are an Institution. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are solely and fully responsible for all activities on the website undertaken by those using your user ID and password.
By agreeing to the terms and conditions of this Agreement, OTB grants Athlete’s a limited license to access and use the services offered by the Service for your personal use. All Users acknowledge and agree that they will not access, reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit for any commercial, educational, or any other non-personal purpose, any website content, without the express written consent of OTB.
In order for Athletes to use the Service and to ensure a helpful User experience, Athletes acknowledge and agree that:
(a) All of the information you provide will be based upon your actual athletic performance and will be accurate, truthful, complete in all respects, and free from extraneous inflammatory material; and,
(b) Your name and report information will be made available to the Institutions you select.
OTB does not create the information and performance data, text, or other materials our Users give us (collectively, the "Content"), but by providing Content to OTB, Users automatically grant, represent, and warrant that they have the right to grant an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to OTB to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works such Content, and to grant and to authorize sublicenses of the Content, including, but not limited to, the authority to grant OTB all rights to prohibit the subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on our Website, Mobile Apps, or by third parties.
OTB cannot and does not guarantee the accuracy, integrity, quality, or appropriateness of any Content transmitted through the Service. You acknowledge that OTB merely acts as a passive conduit for: (1) The exchange of information regarding information and performance data (“Data”), respectively; and, (2) For the publication and distribution of Athlete provided content (“Athlete Information”) and for the publication and distribution of Institution Content posted by Institutions in response to Athlete Information.
You understand that all Athlete Information and Institution Content posted on or transmitted through the Service are the sole responsibility of the person or persons from whom such content originated. You understand that OTB cannot, and does not, control, and is not responsible for: performance data, video, and text (“Athlete Information”), or comments, messages, and texts (“Institution Content”) transmitted through the Service, and that by using the Service, you may be exposed to content that is inaccurate, misleading, defamatory, or offensive. You agree that you must evaluate and use your own judgment, and therefore bear all risk associated with, the use of the OTB service.
You further acknowledge that OTB has no obligation to screen, preview, monitor, approve, or determine the accuracy of any Athlete Information or Institution Content. However, OTB reserves the right to delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, you agree that it is solely your responsibility to weigh the risks associated with the use, accuracy, usefulness, completeness, timeliness, or appropriateness of any Athlete Information or Institution Content that you submit, receive, access, or transmit through the Service. Under no circumstances will OTB be liable in any way for any Athlete Information or Institution Content, including, but not limited to, any Athlete Information or Institution Content that contains any inaccuracies, errors, omissions, false statements, defamatory statements, or confidential or private information, or for any loss or damage of any kind, economic and non-economic, incurred as a result of the use of any Athlete Information or Institution Content submitted, accessed, or transmitted through the Service. You explicitly waive the right to bring or assert any claim against OTB relating to Athlete Information or Institution Content, and release OTB from any and all liability for or relating to any Athlete Information or Institution Content.
OTB does not endorse and is not responsible, or liable, for any products, goods, or services available or unavailable from, or through, any Institution. You agree that should you use or rely on such Institution Content, data, advertisement, products, goods or services, available or unavailable from, or through any Institution, OTB is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in, the programs of any Institution, and any other terms, conditions, representations, or warranties associated with such dealings, are between you as an individual Athlete and the Institution exclusively. You should make whatever investigation or other inquiries that you deem necessary or appropriate before purchasing goods or services from, enrolling in, or transacting business with an Institution.
You agree that OTB is not responsible for the geographic availability or unavailability of any Institution or for your interactions and dealings with them; that you waive the right to bring or assert any claim against OTB relating to any interactions or dealings with any Institution; and that you release OTB from any and all liability for or relating to any interactions or dealings with Institutions.
In connection with your use of the Service, you represent and warrant that:
(a) If you are an Athlete that you are over the age of fourteen (14); or, If you are a Institution that you are over the age of eighteen (18); and, That your membership in the Service is otherwise not prohibited by law;
(b) You will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, and national laws, and that you will not re-sell, license, sub-license, or otherwise assign your rights or obligations under this Agreement;
(c) You will not solicit, or offer to provide, goods and services not approved by OTB;
(d) You will submit accurate performance data and information to Institutions without extraneous emotional, inflammatory, or otherwise confrontational language, and will not submit any information which OTB considers to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, offensive, harmful, vulgar, distasteful, defamatory, invades the privacy of another User, trespasses the proprietary rights of another User, or racially, ethnically or otherwise objectionably impugns another User, and that you will not submit information that comment or otherwise editorialize on other Users, or the information of other Users;
(e) You will not impersonate, or attempt to impersonate, any other User or otherwise falsify contact information, misrepresent your relationship with any User or Service Provider, or otherwise attempt to mislead others as to the identity of the sender or the origin of information, and that you will not attempt to gain unauthorized access to the Service, other User accounts, or other computer systems, or networks connected to the Service;
(f) You will submit information that is readable and comprehensible and not submit information that contain viruses, Trojans, worms, spiders, or other programmable exploits intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden the Service and that you will not access, download, or copy any information contained on our Website through artificial means including, but not limited to, scrapers, spiders, hacking devices, computer programs, bots, or other such means;
(g) You will not post randomly generated Content or geographically improper, unrelated, or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise act to impose a disproportionate load on the Service;
(h) You will not use the Service in any manner that infringes, misappropriates, or violates the rights of any third party, including, but not limited to, transmitting any material that may infringe, misappropriate, or violate a third party's property rights including intellectual property rights, rights of publicity, contractual rights, or fiduciary rights and that you have sufficient rights in and to all Content that you provide, or transmit in connection with the Service, such that you may, and do, grant OTB an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into, other works, and to grant and to authorize sublicenses of the foregoing;
(i) You will not reproduce, duplicate, copy, sell, re-sell, deep-link, or otherwise exploit any Content posted on the Service, including specifically that you will not access any Content for any commercial, educational, or other purpose not related to your personal purchasing needs without the express written consent of OTB; and,
(j) You recognize that information that you and other Users provide do not reflect the views of OTB, its officers, managers, owners, employees, agents, designees, assigns, or other Users and that OTB retains the right, at its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement.
OTB may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, OTB may seek any and all other remedies available to it, including: (a) Seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or, (b) If damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
OTB may make your identifiable information, account information, and the Content you provide available to our employees and third party contractors with whom we contract for use to handle your account. In addition, OTB may provide non-personally identifiable, aggregate statistics, unique identifiers, demographic and other anonymous information about you and other OTB Users to advertisers, Institutions, and other third parties. You agree that OTB may make such uses of information you provide or OTB collects.
You agree that OTB may access, preserve, and disclose your account information, any information provided by you to OTB, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, OTB believes that such access, preservation, or disclosure is reasonably necessary to: (a) Comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) Enforce this Agreement; (c) Respond to claims that any Content violates the rights of third parties; or, (d) Protect the rights, property including intellectual property, or personal safety of OTB, its employees, Users, and/or the public.
As OTB continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information is invariably one of the transferred business assets. You hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
OTB will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.ontheboard.com) and Mobile Apps. OTB will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.
OTB reserves the right at any time to limit access to, modify, change or discontinue all or part of the Service with or without notice to you and we shall not be liable to you for any such modification, suspension, or discontinuance of the Service. You agree that OTB will not be liable to you, or to any third party, for any such limitation, modification, change, suspension, or discontinuance of the Service.
You agree that OTB may establish internal practices, policies, and limits, which may or may not be made public and held as trade secrets, concerning the use of the Service, including, but not limited to, the time that information will be retained, the maximum number of pieces of information that a User may submit, the length of the information submitted, and the maximum number of times and the maximum time duration during which you may access the Service in a given period of time.
You agree that OTB has no responsibility or liability for the deletion or failure to retain any information and all other communications, including email and text messages, maintained or transmitted by or through the Service. You agree that OTB has the right to change these internal practices at any time and at its sole discretion. Further, from time-to-time, the Service may be inaccessible or subject to limitations, delays, and other technical problems resulting from the use of the computing devices and Internet and electronic communications. OTB is not responsible for any damages resulting from such occurrences.
Aside from information provided by Athletes for Institutions, all other materials and other information on the Website and Mobile Apps, including, but not limited to, all text, graphics, logos, icons, images, audio clips, video clips, downloads, data compilations, and software (collectively, the "Copyrighted Materials") are the exclusive property of OTB and/or its licensors and are protected by all United States and international copyright laws.
You understand and agree that THE SERVICE IS PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS AND THAT OTB ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OF OR THE DELETION OF CONTENT OR THE FAILURE OR INACESSIBLITY OF THE SERVICE. OTB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ANY WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR OTB COLLECTS WILL NOT BE DISCLOSED; OR, (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE THE SERVICE AND THE WEBSITE AT YOUR OWN RISK.
In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
YOU EXPRESSLY AGREE THAT OTB WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR TEMPORARY INABILITY TO USE THE SERVICE; (B) THE COST OR QUALITY OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, OR OTHERWISE TRANSMIT THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY MERCHANT/SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY BREACH OF THIS AGREEMENT BY OTB, OR THE FAILURE OF OTB TO PROVIDE THE SERVICE COMPHREHENDED UNDER THIS AGREEMENT; OR, (G) ANY DEALINGS OR INTERACTIONS YOU HAVE WITH ANY MERCHANT/SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES, AGENTS, ASSIGNS, OR SUBCONTRACTORS) EVEN IF INFORMED OF THE POSSIBILITY OF THESE DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Further, if you have a dispute with one or more Users, you release OTB (and our officers, managers, owners, employees, agents, designees, successors, assigns, Users, Merchant/Service Providers, and suppliers) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such disputes.
You agree to indemnify, defend, and hold harmless OTB, its officers, managers, owners, employees, agents, designees, successors, assigns, Users, Merchant/Service Providers, and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs, due to or arising from: (a) any violation of this Agreement by you; (b) inaccurate or untruthful Content or other information provided by you to OTB, or that you submit, transmit, or otherwise make available through the Service; or, (c) any intentional or willful violation of the rights of another or any harm you may cause to another. In such cases, OTB, and not the indemnifying User, will have sole control of the defense of any such damage or claim.
You agree that OTB may communicate any notices to you under this Agreement, through electronic mail, regular mail, or by posting notifications on the Website. All notices to OTB will be provided by either sending: (i) An email to firstname.lastname@example.org; or, (ii) By first class certified mail addressed to: On The Board, LLC, PO Box 7122, Town & Country, MO 63006, Attn: Notices. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
Arbitration – For any claim (excluding claims for injunctive or other equitable relief), you agree to submit to binding, non-appearance-based, arbitration. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. If your claim exceeds US$10,000, the parties may mutually agree to binding arbitration, and the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of OTB’s last written settlement offer made before an arbitrator was selected (or if OTB did not make a settlement offer before an arbitrator was selected), then OTB will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administrative, and arbitrator fees will be governed by the AAA Rules.
Forum and Time Bar Regarding Legal Disputes – This Agreement and the relationship between you and OTB will be governed by the laws of the State of Florida, U.S.A. notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Florida and waive any defense of lack of personal jurisdiction or improper venue or forum non-conveniens to a claim brought in such court, except that OTB may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
Improperly Filed Claims – All claims you bring against OTB must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, OTB may recover attorneys' fees and costs up to US$5000, provided that OTB has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
This Agreement governs your use of the Service and constitutes the entire agreement between you and OTB. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and OTB regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Merchant/Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to OTB under this Agreement.
Notwithstanding the above, OTB INSTITUTIONS will be required to execute separate INSTITUTION Terms and Conditions that apply ADDITIONAL terms and restrictions on OTB INSTITUTIONS.
IIf you are an Institution or if you are a Athlete and in the event your membership with OTB is terminated or lapses or you are no longer a user of OTB, respectively, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Section 7, 12, and 15 through 22.
Neither Party shall be liable for any default or delay in the performance of its obligations under these Terms due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond the reasonable control of such Party and only for the duration of such event.
Certain links in the OTB Website and Mobile Apps will let you leave OTB’s Website or Mobile Apps. The linked sites are not under the control of OTB, and OTB is not responsible for the content or functionality of any linked site, or any link contained in a linked site, or any changes or updates to such sites. OTB is not responsible for email, text messaging, instant messaging, chat, webcasting or any other form of transmission received from any linked site. OTB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OTB of the third party site.
This Agreement may not be re-sold or assigned by you. If you assign, or attempt to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of OTB's rights if OTB fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, you and OTB agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and OTB as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE COPYRIGHT 2017, ON THE BOARD, LLC. ALL RIGHTS RESERVED.
Are you a college program interested in using On The Board to enhance your recruiting process?Learn More