User Agreement

Welcome to ActiveRecruiting.com, the service to create and distribute interactive portfolios and resumes online operated by The Active Network, Inc. ("Active" or "ActiveRecruiting.com"). By signing up for an account on the ActiveRecruiting.com Website (the "Website") as an athlete member ("Member") or a recruiter ("Recruiter") you agree to be bound by this User Agreement (this "Agreement") will govern your use of the ActiveRecruiting.com service (the "Service"). Please read this Agreement and indicate your acceptance of by following the instructions in the registration process. Your use of the Website is also governed by the Active terms of use located at http://www.activenetwork.com/terms-of-use.htm (the "Terms of Use") and the Active privacy policy located at: http://www.activenetwork.com/privacy-policy.htm (the "Privacy Policy"). Links to both documents are also located on the Website.

This Agreement sets out the legally binding terms of your use of the Website and the Service. This Agreement includes the Terms of Use, the Privacy Policy, , and any notices regarding the Website or Services or posted on the Website. If you do not agree with the Terms of Use, the Privacy Policy or this Agreement, you are not authorized to access or use the Website. We may update or modify the Service, the Terms of Use, the Privacy Policy or this Agreement at any time. Please periodically review all documents, because your continued use of the Website indicates your agreement with any such change. You may also receive a copy of this Agreement by emailing us at: activerecruitinginfo@activenetwork.com, Subject: Membership Agreement.

1. Eligibility. You must be eighteen or over to use the Website, register as a Recruiter, a Member or be the parent or guardian and have the legal authority to register your child as a Member of ActiveRecruiting.com. Membership or use of the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and you agree to abide by all of the terms and conditions of this Agreement.

2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member or Recruiter. By agreeing to this Agreement you agree to pay all fees due for the Membership Plan chosen by you during your registration. ActiveRecruiting.com may terminate your as a Member, a Recruiter or other use of the Website for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to ActiveRecruiting.com. It is your responsibility to keep your information provided to Active up to date. If ActiveRecruiting.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused fees. Sections will remain in effect, including sections 4, 5, 7 and 10-14 will survive termination of this Agreement.

3. Non Commercial Uses. The Website is for the use of Members and Recruiters only and may not be used in connection with any commercial endeavors, Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.  

4. Proprietary Rights in Content on ActiveRecruiting.com. ActiveRecruiting.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of ActiveRecruiting.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.  

5. Content Policy.  

a. You understand and agree that ActiveRecruiting.com may review and delete any content, videos or profiles (collectively, "Content") that in the sole judgment of ActiveRecruiting.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or Recruiters.

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members or to Recruiters.

c. By posting Content to any public area of ActiveRecruiting.com, you automatically grant, and you represent and warrant that you have the right to grant, to ActiveRecruiting.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. ActiveRecruiting.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership or account of such violators. It includes Content that:

• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.

f. Members may not include in Member profiles any telephone numbers, street addresses, last names, URLs or email addresses.

g. You may not engage in advertising to, or solicitation of, other Members or Recruiters to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members or Recruiters. It is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, ActiveRecruiting.com reserves the right to restrict the number of emails which a Member or Recruiter may send to other Members or Recruiters in any 24-hour period to a number which ActiveRecruiting.com deems appropriate in its sole discretion.

6. Monitoring. Active reserves the right, but does not have the obligation, to review and/or monitor any materials posted or sent through the Website and remove any material which it deems, in its sole discretion to be a violation of any of these rules or a law or regulation, satisfy any law, regulation or authorized government request, or is otherwise objectionable. However, Active cannot and does not assure that other users are or will be complying with this Agreement or any other laws or regulations, and, as between you and Active, you hereby assume all risk of harm or injury resulting from any such lack of compliance.7. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.  

7. Disputes. You are solely responsible for your interactions with other ActiveRecruiting.com Members, Recruiters and any user. ActiveRecruiting.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members, Recruiters or users.

8. Recruiters. By registering as a Recruiter, you agree we may contact you or any entity or organization provided by you to Active to verify your identity as a Recruiter. If we are unable to verify your identity, in Active's sole discretion we may deny you access to the Website.

9. Disclaimers. ActiveRecruiting.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members, Recruiters or by any of the equipment or programming associated with or utilized in the Service. ActiveRecruiting.com is not responsible for the conduct, whether online or offline, of any user of the Website, Member or Recruiter using the Service. ActiveRecruiting.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user, Member or Recruiter communications. ActiveRecruiting.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users, Members and/or Recruiters or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will ActiveRecruiting.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members or Recruiters, or any interactions between users, Members or Recruiters of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and ActiveRecruiting.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ActiveRecruiting.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will ActiveRecruiting.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if ActiveRecruiting.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ActiveRecruiting.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ActiveRecruiting.com for the Service during the term of membership.

11. Governing Law. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Diego.

12. Indemnity. You agree to indemnify and hold ActiveRecruiting.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

13. Miscellaneous. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and ActiveRecruiting.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please contact us with any questions regarding this agreement.