Prepsearch Terms and Conditions including Privacy policy

 

Welcome to the digital services offered by EKM LLC. dba. PrepSearch(“PREPSEARCH”). When you visit or use the PrepSearch App, or any other online site, mobile application, service, or product that references these Terms and Conditions of Use (collectively, the “Services”), you are agreeing to be bound by these Terms and Conditions of Use and by our Privacy Policy (collectively, the “Terms and Conditions”). If you do not agree with the Terms and Conditions, you may not use the Services.

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND MANDATORY ARBITRATION. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE.

 

REVISIONS

PREPSEARCH reserves the right to change, suspend and/or discontinue, at any time, any aspect or feature of our Services, including without limitation content, hours of availability and equipment needed for access or use. We also reserve the right to change or modify the Terms and Conditions applicable to your use of our Services, or any part thereof, or to impose new conditions, at any time. All such changes will take effect immediately after they have been posted on our Services, and you will be deemed to have accepted any such changes by your use of our Services following such time. Therefore, we encourage you to regularly review the Terms and Conditions.

 

PRIVACY POLICY

All users of the Services must review our privacy policy prior to use and agree to our terms and conditions. By using the Services, you indicate that you have reviewed and understand the information outlined in our Privacy Policy.

 

INTENDED AUDIENCE

OUR SERVICES ARE NOT DIRECTED TO, OR INTENDED FOR, CHILDREN UNDER 13 YEARS OF AGE. PREPSEARCH understands that protecting the privacy of young children is important. For that reason, children under the age of 13 may not use the Services. If you use the Services, you affirm that you are at least 13 years old.

 

REGISTRATION

When you register, you will select a username and password. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities that occur under your username and password, whether or not authorized by you. You may not share your username and password with or authorize others to use your username and password. You agree to immediately notify PREPSEARCH of any unauthorized use of your username and password. You further agree not to adopt an inappropriate username of any kind.

When you register, and in order to access to the PrepSearch App, you may be required to provide us with personal information, such as your name, email address, mailing address, phone number and the like. Any personal information provided by you or gathered by PREPSEARCH or third parties during any visit to our Services will be subject to the terms of our Privacy policy.

 

By registering to use the PrepSearch App, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current.

 

YOUR USE OF OUR SERVICES

You agree that you will not:

• Use PREPSEARCH’s Services in any way that may lead to the encouragement, procurement or carrying out of any illegal or criminal activity.
• Use our Services to violate any applicable law.
• Use our Services or any information obtained from our Services (including another user’s User Materials) for any purpose other than your personal and non-commercial use related to any of the services offered by us or our affiliates – companies that control, are controlled by, or are under common control with PREPSEARCH.
• Sell or transfer any information obtained from our Services (including another user’s User Materials) to a third party.
• Obtain or attempt to obtain any materials, documents or information through any means not purposely made available through our Service, including using any robot, spider, data miner, or other automated or semi-automated means to extract or gather data from the Services.
• Penetrate or attempt to penetrate the security measures protecting our Services, including without limitation by hacking, password “mining” or any other illegitimate means.
• Probe, scan or test the vulnerability or security of our Services.
• Frame or utilize framing techniques to enclose any portion of our Services.
• Intentionally disrupt the operation or functionality of our Services.

You further agree that you will not use our Services to:

• Impersonate another person, whether actual or fictitious, including without limitation impersonating any PREPSEARCH employees or consultants.
• Post, disseminate, submit, transmit, host, share and/or publish material that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous or invasive of another’s privacy, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
• Transmit viruses, “Trojan horses,” chain letters, junk mail, “spam” or bulk communications of any kind.
• Post, disseminate, submit, transmit, host, share and/or publish advertisements or solicitations of business.
• Post, disseminate, submit, transmit, host, share and/or publish material that is protected by copyright, trade secret, patent, trademark and/or other proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights, or you have written permission from the rightful owner of such rights, and you grant us a license, consent and release with respect to such material as provided in the Terms and Conditions.

 

CODE OF CONDUCT

As a Student-Athlete, parent or coach, you understand that the PREPSEARCH App’s ability to assist you in the collegiate recruiting process could be jeopardized by conduct unbecoming of a future collegiate athlete, parent or coach, including conduct that is harassing, racist, criminal, or otherwise inappropriate, in whatever forum it occurs. You also understand and agree that any such conduct could negatively reflect on both you and EKM LLC. dba. PREPSEARCH. As such, you understand that EKM LLC. dba. PrepSearch may suspend performance or terminate services in whole or in part in PREPSEARCH/EKM LLC. dba. PrepSearch’s sole discretion, without further liability or obligation to you, should PREPSEARCH determine that the Student-Athlete, parent or coach  has:

(a) posted racist, harassing (sexually or otherwise), sexually explicit, or derogatory statements or images on social media (including, without limitation, Facebook, Twitter, Instagram, Snapchat), on any other publicly available medium, or the Student-Athlete, parent or coach engages in any such conduct with any PREPSEARCH employee;

(b) been charged with or convicted of any misdemeanor, felony, or any other crime that would reflect negatively on EKM LLC. dba. PrepSearch or a college or university;

(c) engaged in any other behavior that is unbecoming of a student-athlete or that would reflect negatively on EKM LLC. dba. PrepSearch or a college or university, such determination to be in PREPSEARCH/EKM LLC. dba. PrepSearch’s sole discretion.

 

SUBMISSIONS. All information that you submit using the App will be treated as non-confidential and THE PREPSEARCH APP shall have the right to use such information for any purpose as permitted by federal law. We may share or sell certain user data with third-party companies, Colleges and Universities for promotion, marketing and advertising as permitted by applicable laws. By consenting to use the PrepSearch App and submitting your information you are consenting that any information in the APP may be shared with or sold to Third Parties including but not limited to Colleges and Universities, Colleges Admissions Representatives, College Coaches, Scouts, Marketing Agencies, and Recruiters. You are advised not provide any information you do not want share with Third parties including but not limited to Colleges Admissions Representatives, College Coaches, Scouts, and Recruiters.

 

 

YOUR SUBMISSION TO OUR SERVICES

Our Services may allow you to post, disseminate, submit, transmit, host, share and/or publish various materials and information, including without limitation videos, photographs, biographical information and other materials (collectively, “User Materials”). You are solely responsible for your User Materials and the consequences of posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our Services.

By using our Services and posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our Services, you represent and warrant that you own the entire right, title and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent and release herein), and that such User Materials: (i) are original and have not been copied in whole or in part from any other work; and, (ii) do not violate, infringe and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights.

You hereby grant to PREPSEARCH and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of the foregoing (collectively, “PREPSEARCH Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode such User Materials, in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the Internet, in publications and advertisements, at scouting/recruiting events and in kits distributed to the media. You further hereby irrevocably consent and allow the PREPSEARCH Parties to use and share with third parties the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in such User Materials (collectively “Names and Likenesses”). You also hereby irrevocably waive as against the PREPSEARCH Parties all moral rights and rights of restraint in such User Materials.

You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify the PREPSEARCH Parties from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys’ fees), that you, or any third party, shall or may have arising out of or in connection with the use of such User Materials and/or Names and Likenesses as provided herein. The license, consent and release herein is binding upon you and your heirs, executors, administrators, successors, licensees and assigns.

You acknowledge that PREPSEARCH reserves the right to display advertisements in connection such User Materials, to display such User Materials with similar materials from other users and to use such User Materials for marketing, promotional and advertising purposes. You consent to the sharing of your User Materials with third parties in accordance with these Terms and Conditions. You further acknowledge that PREPSEARCH has the right, in our sole discretion, to prescreen, pre-approve, refuse and/or remove from our Services, without prior notice, any User Materials, including without limitation User Materials that violate the Terms and Conditions. However, we may not monitor or control the User Materials posted to the Services.

If you have any comments or questions regarding content or materials on our Services, please contact PREPSEARCH using the contact information found at the end of the Terms and Conditions. If you believe in good faith that any content or materials on our Services violate your copyright, please contact us as provided in the following section of the Terms and Conditions.

 

INTELLECTUAL PROPERTY

All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our App and Website, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and “look and feel” of our website, and the software comprising and/or embodying the foregoing (collectively, the “EKM LLC. dba. PrepSearch Content”), are owned, controlled or licensed by or to EKM LLC. dba. PrepSearch, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws. Your use of our website gives you no ownership rights in the EKM LLC. dba. PrepSearch Content.

You may not, without limitation, copy, reproduce, republish, download, print, post, broadcast, record, mirror, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of our website or the EKM LLC. dba. PrepSearch Content except as follows: (i) you may download the EKM LLC. dba. PrepSearch Content to your website viewing device for the purpose of viewing it; and, (ii) you may print portions of our website and the associated EKM LLC. dba. PrepSearch Content for your personal informational use as long as the printed portions are not subsequently modified or altered in any way. Any use other than as permitted under the Terms and Conditions may be undertaken only with the prior written authorization of EKM LLC. dba. PrepSearch.

 

TERMINATION OF YOUR RIGHT TO USE OUR SERVICES

PREPSEARCH reserves the right to suspend, restrict and/or terminate your access to our Services at any time, without notice, in our sole discretion, without limitation to any of our other rights.

 

PRODUCTS AND SERVICES OFFERED BY EKM LLC. DBA. PREPSEARCH

PREPSEARCH may offer products and services on or through our App and Website. When you enroll for such products or services, you accept the specific agreement(s) applicable to such products or services. Your use of any such products or services is governed by the terms and conditions in the applicable agreement(s) for such products or services and, to the extent such products or services are provided through our Services, the Terms and Conditions also will apply.

 

 

LINKS TO OTHER WEBSITES

Our website may provide links to other websites or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to you and, unless otherwise explicitly stated, should not be construed as an endorsement by EKM LLC. dba. PrepSearch of the content, product or services on such websites or resources. You access and use such websites or resources, including the content, products or services thereon, solely at your own risk. We make no representations or warranties with respect to the content, ownership, or legality of any such linked websites, and you agree that EKM LLC. dba. PrepSearch has no responsibility or liability for the availability of such websites or resources, or for the content, advertising, products, services or other materials available through such websites or resources.

 

THIRD PARTY ADVERTISING ON OUR SERVICES

Unless otherwise explicitly stated, PREPSEARCH does not endorse or guarantee any third party products or services advertised on our Services or any third parties sponsoring parts of our Services. Your dealings with advertisers or other third parties found on or through our Services are solely the responsibility of you and the third party. These dealings include without limitation your participation in promotions, the payment for and delivery of products and services, if any, and any terms, conditions, warranties or representations associated with such dealings. You agree that PREPSEARCH will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our Services.

 

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS, OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICES), AND PRODUCTS INCLUDED THEREIN ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER AND THEREFORE PREPSEARCH EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.

PREPSEARCH DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OF INFORMATION, CONTENT, OR MATERIALS ON THE SERVICES, THE FUNCTIONALITY OF THE SERVICES, OR THE AVAILABILITY OF THE SERVICES. PREPSEARCH CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PREPSEARCH, OR FROM OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. PREPSEARCH MAKES NO SUCH WARRANTY. PREPSEARCH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE INFORMATION MATERIALS, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICES OR ANY SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. PREPSEARCH DOES NOT WARRANT THAT THE FUNCTIONS AND FEATURES MADE AVAILABLE THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PREPSEARCH EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITIES AND LIABILITY FOR THE CONDUCT OF ANY OTHER USER, AND EXPRESSLY DISCLAIMS THAT USER MATERIALS INPUTTED BY OTHER USERS ARE EITHER CORRECT OR ACCURATE. PREPSEARCH IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHER USERS OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL PREPSEARCH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES, ANY USER MATERIALS POSTED ON OR THROUGH THE SERVICES OR TRANSMITTED TO USERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OR OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. PREPSEARCH TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS THAT ARE POSTED THROUGH THE SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR WEBSITES PROVIDED BY ITS ADVERTISERS.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. PREPSEARCH IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. PREPSEARCH IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY DEVICES BELONGING TO ANY USER OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE SERVICES, VIEWING, PLAYING, OR DOWNLOADING ANY USER MATERIALS ON OR FROM THE SERVICES, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE SERVICES.

PREPSEARCH 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 OR USER COMMUNICATIONS. UNDER NO CIRCUMSTANCES WILL PREPSEARCH, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, OTHER USERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, USE DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER OR NOT PREPSEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATIONS OF LIABILITY SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM THE SERVICES OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (B) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

APPLICABLE LAW

The Terms and Conditions shall be governed by and construed under the law of the State of Indiana, without regard to conflicts of laws rules. You agree that the courts of Indiana shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts in Marion County, Indiana.

 

ARBITRATION

With respect to any and all disputes arising out of or in connection with our Services, the various services offered by PREPSEARCH, or these Terms and Conditions, PREPSEARCH and You agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and PREPSEARCH do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor PREPSEARCH will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Any arbitration necessary under this section will be held through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in Marion, County, Indiana. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that PREPSEARCH may seek any interim or preliminary relief from a court of competent jurisdiction in Marion County, Indiana necessary to protect its rights or property pending the completion of arbitration.

To the extent permitted by law, any claim or dispute under these Terms and Conditions must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed.

 

LIABILIY FOR TECHNICAL DISRUPTIONS TO OUR SERVICES

If you cause a technical disruption of our Services or any aspect of its functionality you agree to be responsible for any and all loss, costs, liabilities or expenses PREPSEARCH may suffer and you agree to be liable for any attorneys’ fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other venders in law or equity.

 

INDEMNIFICATION

You agree to compensate, indemnify, defend, and hold harmless PREPSEARCH, our officers, directors, employees, agents, business partners, affiliates, distributors, licensors and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of our Services or any violation of the Terms and Conditions.

 

SEVERANCE

Each provision of the Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.

 

NO WAIVER

The failure of PREPSEARCH to enforce any provisions of the Terms and Conditions or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms and Conditions or to act with respect to similar breaches.

 

HOW TO CONTACT US

Should you have questions or concerns about the Terms and Conditions, please complete the contact form at www.prepsearch.net