Terms of Service
1. ACCEPTANCE OF TERMS
Baseball Labs, LLC, dba Top Recruit, (“Top Recruit”) provides the following service to you, subject to these Terms of Service (“TOS”), which may be updated periodically without prior notice. Failure to comply with these TOS may result in account revocation.
2. DESCRIPTION OF SERVICE
Top Recruit is a web-based service that allows its users to create and update online profiles (herein referred to as “Top Recruit”, or the “Service”). The Service is accessed through a web browser. Once registered with Top Recruit, each user receives his or her own profile space to post text, data, links, or files concerning sound, photography, video, or documents (the “Content”). This Content may reside on Top Recruit’s servers or on third-party servers.
Top Recruit currently has a four-tier account structure.
- Beta Test accounts: No longer open to new users, this account was created and made available to users registered before October 5, 2013. Beta Test accounts were offered a full Player profile at no charge for the life of their account.
- Player accounts: Player accounts are fee-based and come standard with all features and functions available for a Player profile within the Top Recruit system.
- Coach accounts: Coach accounts are available for free, but require verification by a Top Recruit representative. Only official representatives of a collegiate/professional organization may apply for a Coach account. Coach accounts are nontransferable. Once an account is provisioned, that user retains the level of service during the term of their membership.
By using the Service, you agree to this structure, and to Top Recruit’s right to change, modify, or discontinue any type of account and/or its respective services.
3. REGISTRATION OBLIGATIONS
Use of and Membership in the Top Recruit service is void where prohibited. By using the Top Recruit service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Top Recruit service does not violate any applicable law or regulation. Due to the Children’s Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. If you are under thirteen years of age, your parent or guardian must manage your account. Top Recruit recommends that a parent or guardian use their personal email address to maintain your account. This will ensure that all correspondence and access to your player profile will be maintained by an age-appropriate individual.
You agree to indemnify and hold Top Recruit, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
7. INTERNATIONAL USE ADMONITIONS
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Top Recruit may be required to send you emails regarding your use of the Service; however, Top Recruit will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that Top Recruit may establish limits concerning use of the Service and may modify these limits at any time.
9. MODIFICATIONS TO SERVICE
Top Recruit reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Top Recruit shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.
You agree that Top Recruit, in its sole discretion, may terminate your password or profile, and remove and discard any content within the Service, for any reason or if Top Recruit believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted profile and all its parts, at Top Recruit’s discretion, will be terminated as well. Top Recruit may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Top Recruit may immediately deactivate or delete your Top Recruit profile and all related information and files. Top Recruit reserves the right to bar any further access to such files or the Service. You agree that Top Recruit shall not be liable to you or any third-party for any termination of your access to the Service. Player profiles that are terminated will not be refunded.
12. ADVERTISEMENTS AND PROMOTIONS
You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for Top Recruit to provide the Service. By using the Service, you agree that Top Recruit has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Top Recruit next to your Content and throughout the Service are subject to change at the discretion of Top Recruit. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Top Recruit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service, or relevant third parties, may provide links to other web sites or resources. Because Top Recruit has no control over such sites and resources, you acknowledge and agree that Top Recruit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Top Recruit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. PROFILE CONTENT
You agree to follow guidelines for posting Content to your profile:
- All Content posted in player profiles is the responsibility and property of the account holder with the exception of Top Recruit Verified measurables. Top Recruit is committed to maintaining the Service in a manner reasonably acceptable to users but is not responsible for the monitoring or filtering of any Content. Within the confines of international and local law, Top Recruit will not place a limit on the type or appropriateness of user content within player profiles. Should Content be subpoenaed by authorized legal authority, you agree that Top Recruit may submit all necessary information to, and cooperate with, the proper authorities;
- Top Recruit is under no obligation to restrict or monitor Content in any way;
- Top Recruit claims ownership to any video produced, capture, edited, and published during any Top Recruit attended or hosted event, showcase or combine;
- You acknowledge that Top Recruit reserves the right to limit access to your player profile, if found in violation of the TOS, including without limitation the Member Conduct described below.
15. TOPRECRUIT.COM PROPRIETARY RIGHTS
You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as “Software”), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Top Recruit code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Top Recruit or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part.
A partial list of U.S. trademarks owned by Top Recruit follows. Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of Top Recruit should be referred to Top Recruit Legal at firstname.lastname@example.org. Failure of a mark to appear on this page does not mean that Top Recruit does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any trademarks followed by ™ are registered trademarks of Top Recruit in the United States; all others are trademarks or common law marks of Top Recruit in the United States.
Top Recruit Verified™
17. MEMBER CONDUCT
You understand that all Content generated by account holders, including without limitation, all information, data, text, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the account holder from which such Content originated. Top Recruit does not control Content posted via the Service and, as such, does not guarantee the validity or quality of such Content.
You agree to NOT use the Service to:
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, an Top Recruit staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with Top Recruit or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
- Allow usage by others in such a way as to violate Top Recruit’s TOS;
- Engage in commercial activities within Top Recruit or on behalf of Top Recruit without prior approval. This includes displaying a banner that is designed to profit you or any other business or organization;
- Employ tactics to prevent the full and complete display of advertisements on Top Recruit pages. These include, but are not limited to, making page style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on an account holder’s Content or other pages within the Service.
- Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
- Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so.
- Make excessive or otherwise harmful automated use of the system.
If Top Recruit determines, in its sole and absolute discretion, that any user is in violation of the TOS, Top Recruit retains the right to terminate such user’s account at any time without prior notice.
18. VOLUNTEERS AND TOPRECRUIT.COM
Top Recruit appreciates the significant contributions made by volunteers, who assist Top Recruit in its efforts to provide high quality services. To help achieve this goal, Top Recruit volunteers perform a variety of technical and non-technical tasks, including, but not limited to, programming, the creation of web-based content (HTML and other formats), graphic design, audio and/or visual content creation, technical writing, managing electronic data libraries and/or databases, technical support, reviewing, categorizing, legal assistance, archiving and/or forwarding electronic data, providing expert advice, administration, management, accounting, research, content creation, promotions, or other assignments, as needed. All volunteers are expected to be of legal age, or volunteering with the consent of a legal parent or guardian.
By accepting these TOS, any Top Recruit member agrees that the intellectual Content created as a result of volunteer work for Top Recruit constitutes intellectual property of Top Recruit and that all rights in said Content shall vest in Top Recruit at the time that it is created, to the extent permitted by law. If laws prevent such vesting, the volunteer makes assignment of all such rights to Top Recruit at the time of creation. If laws prevent such assignment, the volunteer grants a perpetual world wide irrevocable license to Top Recruit to use said Content. If laws prevent such licensing, the volunteer agrees never to sue Top Recruit for the use of said Content.
The volunteer certifies that any electronic data he/she submits is his/her work and that to the best of the volunteer’s knowledge, the electronic data is not claimed by another. The volunteer agrees to insure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities. Furthermore, if said work is found to be illegally presented, claimed, or forged, Top Recruit may remove such material and, at the discretion of Top Recruit, seek action against the individual(s) from which the work originated. No Top Recruit user is required to become a volunteer to this Service, and users without volunteer status will receive reasonable support and attention as well. Without the expressed written confirmation to the contrary, all Top Recruit positions are assumed to be taken without pay or future consideration.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOP RECRUIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) TOP RECRUIT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOPRECRUIT.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOP RECRUIT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOP RECRUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on Top Recruit are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Top Recruit’s proprietary rights in them.
22. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and Top Recruit and governs your use of the Service, superseding any prior agreements between you and Top Recruit (including, but not limited to, any prior versions of the TOS) and any prior representations by Top Recruit. The laws of the State of Nevada, U.S.A, shall govern the TOS and the relationship between you and Top Recruit, without regard to its conflict of law provisions. You and Top Recruit agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Clark, Nevada, U.S.A. The failure of Top Recruit to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Instructions on how to report violations of this TOS may be located at the Support Center to expedite the processing of your report, please carefully follow the instructions.
Top Recruit may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current TOS to which you are bound.