In order to use most aspects of the Site, you must register and maintain an active account ("Account"). You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to the NCAA certain personal information, such as your including your name, address, e-mail address, telephone number, credit card number, date of birth, employment information, educational information, social security number, contact information, billing information and any other information from which your identity is discernible. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Site or the NCAA's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the NCAA in writing, you may only possess one Account.
If and to the extent you are submitting information on behalf of another individual under the age of eighteen (18), you agree that you are the parent are legal guardian of such individual, and have the valid right to submit such information on the individual's behalf.
The Site may offer you an opportunity to submit creative ideas, concepts, know-how, techniques, suggestions, opinions, votes, content or materials (collectively, "Submissions") in connection with various features on the Site. To the extent you submit any Submissions, you are automatically granting the NCAA a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform and/or display such Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, "Rights"). All Submissions, whether solicited or unsolicited, shall become and remain the property of the NCAA. This means that anything submitted by you to the Site may be used by the NCAA for any purpose, now or in the future, without any payment to, or further authorization by, you. The NCAA also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.
4. Votes, Contests, and Sweepstakes.
5. Prohibited Content and Activities
You may not access or use, or attempt to access or use, the Site to take any action that could harm us or any other person or entity (each a "person"), interfere with the operation of the Site, or use the Site in a manner that violates any laws. This includes, but is not limited to:
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at onguardonline.gov and netnanny.com. Please note that the NCAA does not endorse any of the products or services identified on such sites."
The NCAA name and logo and the names and logos of the Site and NCAA member institutions are the property of the NCAA and the member institutions of the NCAA. All other trademarks, logos and service marks (collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. You shall not use any mark in any manner that is likely to cause confusion among customers as to source or sponsorship of your goods and services, or in any manner that disparages, tarnishes, dilutes, or discredits the NCAA. Further, to the extent that third party Trademarks used on this Site are the property of their respective owners, any mention on the Site should not be construed as a challenge to said Trademark's status or ownership. Any rights not expressly granted herein are reserved. The NCAA does not make any warranty or representation that your use of materials displayed on the Site will not infringe or violate the rights of others.
8. Informational Purposes Only
The information on this Site is for informational purposes only.
9. Links to the Site
The following restrictions apply to all links to the Site from any on-line, cable, wireless or other site, service or browser:
10. Site Content
You may not frame, capture, harvest, or collect any part of the Site or Content without the NCAA's advance written consent. The NCAA may make changes to the Content, this Site, or the products or services made available in connection with this Site at any time, with or without notice, and makes no commitment to update any of these items. Despite our best efforts to provide accurate information in the Content, errors may occur. Before acting on any information appearing on the Site, you should verify its accuracy. The NCAA may also change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. The NCAA may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in the NCAA's exclusive discretion, without prejudice to any legal or equitable remedies available to the NCAA, for any reason or purpose, including, but not limited to, conduct that the NCAA believes violates these Terms or other policies or guidelines posted on the Site or conduct which the NCAA believes is harmful to it or other persons. Upon any termination of this agreement, you shall immediately discontinue your use and access of the Site and destroy all materials obtained from it.
12. Disclaimer of Warranty and Damages; Limitation of Liability
While the NCAA uses reasonable efforts to include accurate and up to date information in the Site, the NCAA makes no warranties or representations as to its accuracy. The information contained in or made available through the Site cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. The NCAA assumes no liability or responsibility for any errors or omissions in the content of the Site. Neither the NCAA, nor any of their respective affiliates, owners, employees, directors, officers, members, or agents (collectively, the "NCAA Parties") make any representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and at your own risk and are responsible for compliance with all applicable laws. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE NCAA PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NCAA PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE NCAA PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE NCAA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE NCAA PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY. The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the NCAA or any affiliate of any third party site or content. The NCAA is not responsible for the availability of these third party resources, or their contents. The NCAA has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the NCAA with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
You agree to defend, indemnify, and hold harmless the NCAA, its contractors, affiliates and licensors, and its and their respective directors, officers, employees, members, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, expenses, demands, fines, interests, penalties, expenses, and harms (including without limitation attorneys' fees, litigation expenses and fees of other professional advisers) relating to or arising from your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms.
14. Notices to Users
The NCAA may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user's e-mail address if on record in the NCAA's account information, or by written communication sent by first class mail to a user's address if on record in the NCAA's account information
15. Integration and Severability
These Terms constitute the entire agreement between the NCAA and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us, and governs your use of the Site. In the event any provision of these Terms is held unenforceable or invalid, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
16. No Waiver
The NCAA's failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
17. Assignment and Binding Effects
You may not assign these Terms or any rights or obligations herein without the prior written consent of the NCAA and any attempted assignment in contravention of this provision is null and void and of no force or effect. The NCAA has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
18. Some Services Unavailable Worldwide
This Site may refer to some services or programs that are not available worldwide, without specifically identifying that the offers are geographically limited. Our reference to such services or programs does not imply that the NCAA intends to offer such services or programs in all countries or locations.
19. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. The NCAA Parties will not be liable for any loss resulting from a cause over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
20. Changes; Termination
The NCAA may, in its sole discretion, change these Terms at any time, with or without notice; your continued use of this Site after any change is made to the Terms signifies your understanding of and intention and agreement to be bound by such change. It is your responsibility to monitor these Terms for changes. The NCAA reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice.
21. Governing Law and Jurisdiction
These Terms and Conditions represent the entire agreement between you and the NCAA with respect to the subject matter hereof, supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements between us, and will be governed by and construed in accordance with the laws of the State of Indiana without reference to its conflict of law rules. By accessing, viewing, or using the Content or this Site, you consent to the jurisdiction of the federal and state courts presiding in the State of Indiana, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by the NCAA from its offices within the United States. The NCAA makes no representation that this Site or the Content is appropriate or available for use in any location or territory, and access to this Site or the Content from locations or territories where it is illegal is prohibited. The NCAA will be entitled to recover court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of these Terms.
22. Arbitration and Time Period Limitation for Bringing Claim
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the NCAA 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.
The NCAA and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in Indiana. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that the NCAA may seek any interim or preliminary relief from a court of competent jurisdiction in Indiana, necessary to protect its rights or property pending the completion of arbitration.
Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of state or federal courts in Indiana.
To the extent permitted by law, any claim or dispute under these Terms 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. If a claim or dispute is not filed within one year, it is permanently barred.
23. Copyright Policy
If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the NCAA's Copyright Agent, named below:
The copyright agent for notice of claims of infringement on the Site is:
National Collegiate Athletic Association
Attn: Copyright Agent
P.O. Box 6222
Indianapolis, IN 46206
© 2016 National Collegiate Athletic Association. All rights reserved.