TERMS AND CONDITIONS OF USE

Introduction: Welcome to the services offered by ScoutU, LLC (“ScoutU”). When you visit or use ScoutU.com, or any service 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.

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

Parties Bound: The parent or legal guardian signing the Agreement (herein identified as the “Client”) acknowledges that they (and not their son, daughter or ward) are contracting directly with ScoutU for the services to be provided under the Agreement and that they are responsible for all financial and other obligations to ScoutU under the Agreement.  The obligations under the Agreement are incurred in the interest of Client’s marriage and family.

College coaches: College coaches using ScoutU agree to only contact ScoutU athletes and use its services for college recruiting purposes for the coach’s respective college in which the coach is currently work for. Any other use of ScoutU is not allowed and may result in termination of our services for that coach.

Accuracy of Information:  The Client signing the Agreement represents and warrants that all information provided or to be provided to ScoutU with respect to the prospect is true and correct in all material respects and does not omit any information needed to make the information disclosed true and accurate.

Reservation of Rights:  ScoutU reserves the right to not accept prospects who, in the sole discretion of ScoutU, do not have a reasonable chance to benefit from the services of ScoutU or who ScoutU otherwise cannot accept as a client.  All fees paid for a prospect who does not qualify will be refunded.

Disclosure of Information:  The Client, for themselves and the prospect, expressly consents to the collection, distribution and disclosure of information provided by Client about the prospect to third parties, including colleges and universities and their coaching staffs.  In addition, ScoutU is given the unlimited right, without additional consideration, to use such information in promotional materials and in media disclosures.

Disclaimer:  IN ACCORDANCE WITH NCAA AND NAIA RULES, SCOUTU DOES NOT MAKE ANY PROMISES OR ASSURANCES THAT ANY PROSPECT WILL BE SELECTED TO PARTICIPATE IN A COLLEGE ATHLETIC PROGRAM, WILL BE SELECTED BY ANY PARTICULAR SCHOOL OR WILL RECEIVE ANY SORT OF SCHOLARSHIP OR OTHER FINANCIAL SUPPORT OR ASSISTANCE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

Communication: The Client acknowledges and agrees that responding promptly and appropriately to a contact from a coach is essential to the recruiting process under the Agreement and is the responsibility of the prospect and the Client.  Failure to so respond substantially harms ScoutU’s relationship with that coach and constitutes a breach of the Agreement, with all associated remedies.

Default:  Client shall be in default under the Agreement : (a) if Client fails to make any payment when due under this or any other agreement with ScoutU, (b) if Client violates any material term of the Agreement, (c) if it is determined that any representations or information provided by Client or prospect about prospect to ScoutU or to any coach or school is inaccurate or untrue in any material respect, (d) if Client or prospect violates any NCAA or NAIA rule, including all rules related to recruitment, or (e) if Client or prospect fails or ceases to cooperate or communicate with ScoutU in providing the services specified in the Agreement.

Remedies: In the event of a default, ScoutU shall have the following rights, none of which are exclusive and none of which preclude the exercise of rights otherwise available at law: (a) to declare any unpaid balance due from Client immediately due and payable in full, without notice or a right to cure, (b) to cease to provide any further services under the Agreement, and to take down any web site or other internet information it has provided for the benefit of prospect, (c) to advise coaches and schools of the termination of the Agreement, (d) to pursue appropriate legal action to collect all sums due and owing from Client and to otherwise enforce and protect its rights under the Agreement, including the right to collect all attorney fees incurred in that process, and (e) to refer Client’s account to a collection agency and to report all delinquent accounts to credit reporting agencies.

Limitation of Remedies:  The liability of ScoutU under the Agreement shall be limited to the amount paid by Client for the services to be provided in the Agreement.  ScoutU shall not be liable for any other damages including, without limitation, economic, consequential, exemplary, or punitive damages, court costs or attorney fees.  Any action against ScoutU must be brought within one (1) year after such cause of action accrues or it shall be deemed to have been waived by Client.

No Agency:  Nothing in the Agreement creates an agency relationship between ScoutU and prospect.  The provisions of the Agreement are subject to and are intended to comply with the rules of the NCAA and the NAIA as those rules may be modified or amended from time to time.  In the event of any inconsistency between the Agreement and any NCAA or NAIA rule, such rule shall be controlling and the Agreement shall be modified so that it complies fully with any such rule.

Term:  All services are provided throughout the prospect’s high school, and/or junior college/prep school and/or college career. There are no additional charges, regardless of the number of years involved. The prospect’s year starts the date in which this contract is signed.

Modification of Services: ScoutU reserves the right to modify the services under the Agreement to better serve the needs of the prospect and college coaches. Such modification shall not reduce the material services or the exposure commitments of ScoutU under the Agreement.