Thank you for accessing KTARecruiting.com. Before use of our website and services please read these terms and conditions carefully so you know and understand your rights, responsibilities, and obligations. You should equally understand the limits, exclusions, and all matters of liability as they pertain to you, our service, and KTA Recruiting. By using this website you are agreeing to these terms and conditions as well as our privacy policy. If you do not agree with the terms and conditions or privacy policy you should not use this site, nor should you purchase or use our products/services.
About us and Definitions
“KTARecruiting.com,” also called “KTA Recruiting,” and KTA Recruiting, LLC,” is a DBA of FTH Enterprises, LLC. All these will be hereby singularly referred to as “We,” “Our Company,” or “The Company.” FTH Enterprises, LLC can be contacted at:
FTH Enterprises, LLC
PO Box 3578
Mount Vernon, WA 98273
Revisions
The Company reserves the right to modify these terms and conditions, Privacy Policy, Terms of Sale, and content of the site. The Company may also change or discontinue any aspect or status of the site, services, or products. This could include, but is not limited to, content, equipment needed to use our service/products, prices, or terms of sale. All changes may occur without notification. You should review the terms and conditions frequently.
Exceptions
Some states and territories have restriction on limitations and different elements of warranties. If your state does not allow for a provision placed here in these Terms and Conditions then the very specific part of that provision that is in conflict will not apply to you. However, all other provisions will remain in effect.
Intellectual Property
The concepts, designs, logos, content, pictures, music, videos, and forms of the website become the property of our Company. Your use of the this website does not constitute ownership over any portion of it, nor gives you permission to download, copy, reproduce, broadcast, print, download, record, film, republish, commercially benefit from, or distribute any part, with the following exceptions:
-For the purpose of explicitly recruiting a client athlete a coach may download, print, or copy a client athlete’s profile page or recruiting board display, providing the pages are not altered or edited.
-A client athlete may print or send links to their own profile page as a means of distribution to college coaches, providing the pages are not altered or edited.
Registration
To access different services or products on this site you may be asked to create an account and select a password. You are responsible for keeping it safe. By using this site you are subject to these Terms and Conditions and Privacy Policy, and the use of some services and products may have additional terms and conditions. Once registered you are responsible for everything that may occur while signed in under that account, as well of the consequences of any actions. You agree not to use an inappropriate username of any kind, misrepresent yourself, use fraudulent information, or attempt to mislead anyone who would see any part of your account, profile, or username. Any personal information collected by the Company or third parties will be subject to our Privacy Policy.
Registration of Athletes
This website is not intended for athletes under the age of 13. The Company will not intentionally advertise or market to athletes under that age. If a user under the age of 13 submits a profile or other data it will be deleted upon discovery. By signing up for our service an athlete is agreeing to our Terms and Conditions, Terms of Sale, and Privacy Policy. The athlete agrees that they are providing accurate information and will not attempt to fraudulently misrepresent themselves. They also agree not to submit copyright infringing data. The Company will not be held responsible for any violations of the law, or the laws of the NCAA, NAIA, NJCAA, CCCAA, or the laws/rules of any collegiate governing body stemming from the athletes on our site. Athletes are responsible to know and abide by all applicable rules. By registering untruthfully as an athlete the individual will be held liable for all actions and consequences.
Registration of Coaches
Individuals registering as a coach are limited to current college coaches. The Company will not be held responsible for any violations of the law, or the NCAA, NAIA, NJCAA, CCCAA, or the rules of any collegiate governing body stemming from the use of our site. Coaches are responsible to know and abide by all applicable rules. By registering untruthfully as a coach the individual will be held liable for all actions and consequences. By signing up for service coaches agree to our Terms and Condition and Privacy Policy. Coaches will not use the data of athletes for any use other than for athletic recruiting purposes.
Limitation of Liability
We, our affiliates, and all segments of FTH Enterprises, LLC (including members, owners, and employees) will not be held responsible for any and all damages that occur as a direct or indirect result of the use of our website. This includes from anything that is in these Terms and Conditions or anything that is not known and foreseeable by us at this time. You agree to hold our Company harmless and waive your right to begin litigation against us for any and all results of using our website. Additionally you agree to hold harmless the owners and individual employees of our Company for any damages, even if they have been made aware of an issue prior to an event occurring. You waive your right to hold our Company, all employees, and owners accountable for financial loss, data loss, or injury as a result of direct or indirect use of this site.
Products and Services
Our Company provides a service consisting of providing clients with a means to create a profile to be used for recruiting purposes. This will consist of opportunities to include personal information, highlights, and other information relevant to recruiting as seen fit by the Company. This is to be taken “As is” by the client. While we, the Company, will continue to upgrade and add features we may also remove and change existing features. We reserve the right to change and remove any feature or segment of content of the website or service. We do not guarantee that a client athlete will be contacted, recruited, seen, or viewed by a college coach. We do not guarantee that a coach will find athletes who meet their needs, or athletes in general. You agree that we are not responsible for any damages, health complications, financial loss, misrepresentations, or fraudulent information stemming from, or as an indirect result of coach or client athlete interactions or performances. We are not responsible for any injuries (physical, mental, or emotional) to athletes before or after signing with a team, nor for an athlete who has misrepresented their athletic or academic abilities.
Terms of Sale
College coach accounts will be free of charge. Client athlete accounts will be charged in accordance with monthly, 3 month, 6 month, or one year billing selections. A client athlete account will be charged monthly, every 3 months, 6 months, or ever year in US currency depending on the selection made (with the addition of any applicable taxes and fees) until canceled by the client. Client athletes agree to pay the selected amount at the time-intervals selected. Canceling one’s client athlete account will prevent the client from being charged again but will not result in a prorated return of money. Furthermore, the athlete’s profile will continue to be viewable by coaches until the next billing cycle. The client has paid for a segment of time to have his or her profile visible on our database and thus it will be so. Should a client athlete want his or her profile and data removed immediately following a cancelation the person should take the following steps:
1.) Set the profile visibility status to off. This will prevent coaches from seeing it.
2.) Contact KTA Recruiting using our “Contact Us” page. We can completely remove it as requested.
Should a problem arise with incorrect billing a client athlete may appeal the charge with our Company and it will be reviewed. If we discover that the billing issue has been an error the money will be refunded. Should there be no error found after a review by our staff then the client athlete will be responsible for all initial money owed plus any accrued interest or damages stemming from lack of payment. An account will be considered delinquent if a renewing payment fails to be completed. Delinquent accounts will be set to be non-viewable by college coaches.
California Residents and S.B. 568
Minors who are residents of the state of California may request that their personally identifiable information be cleared from the website at anytime. You may contact us using the "Contact Us" section on the navigation bar and choosing a method by which to reach us at your convenience. We will clear your data as quickly as we reasonably can, and value your privacy as a cornerstone of our business.
Third party advertising and products
At times we may place advertisements or general links to products and services offered by third parties on our website. We do not endorse, warrant, or monitor content on these sites or the products and services they offer. Visit these sites and purchase the products at your own risk. We will not be held responsible for any damages stemming from contact with any third party website or their products/services.
Account Termination
The Company reserves the right to immediately terminate a user’s account at our sole discretion without appeal. Users found to be in violation of these terms and conditions will be held liable for any and all damages and financial obligations stemming directly and indirectly a result from their actions.
Disclaimer of Warranties
The content on our website is for informational purposes only. It is presented “As is.” While the site will be maintained with reasonable skill we do not warrant that all content will be perfect, free from omission, factual, up to date, or the best advice. Use our content at your own risk. If you notice an inaccuracy please contact us to let us know. We also do not warrant that our site, features, and content will be accessible at any time. At times technical disruptions may occur which will prevent our website from being functional. While we will work to prevent and fix these issues with reasonable skill you agree to hold us harmless for being unable to access the website, the features, or content. The same will apply to times when site maintenance must be done, requiring the site to be taken offline.
NCAA Scouting Service Registration
You understand that the Company is not currently registered as a scouting service with the NCAA. This may change in the future as we seek registration. Division I football and basketball coaches are restricted from using scouting services that are not registered with the NCAA.
Indemnification of Our Company and Staff/Class Actions
You agree to hold harmless, defend, indemnify, and compensate our Company and its owners, members, employees, directors, managers, affiliates, partners, and business partners in the event of litigation stemming from the use, or indirect use, of this website. You agree that any and all litigation will be held between individuals and our Company, with no class action ability.
Applicable Law
These Terms and Conditions will be governed by the state laws of Washington without regard for conflict of laws. The courts of Washington will hold jurisdiction over any and all proceedings and the courts of Mount Vernon, Washington will be the only venue. Any issues leading to the hearing must be brought to litigation within one year.
Links to our website
You may not place links to our website on other sites or emails unless for the following reasons:
1.) To promote a client athlete profile in full compliance with the CAN-SPAM Act.
2.) To promote our website as a positive means of being recruited as an athlete.
3.) To promote our website as a positive means of finding athletes to recruit to college athletic programs.
4.) You have been approved by KTA Recruiting and have received written notice of such.
Links to other sites
Our site will contain links to certain third party websites. We do not endorse, warrant, maintain, monitor, nor support content or coding on these sites. Visit them at your own risk. We are not responsible for damages of any kind that occur as a direct or indirect result of clicking on a link from our website.
Use of Website
You will not attempt to:
-Use the site to directly or indirectly commit or encourage violations of law or civil liability.
-Use the site to commit or encourage violations of NCAA, NAIA, NJCAA, CCCAA, or the rules of any collegiate governing body.
-Solicit members of the website.
-Post or submit advertisements.
-Post or submit materials that violate copyright, proprietary rights, patent, or trade secret laws.
-Use the site to gather information under false pretenses.
-Use the site for purposes other than recruiting and learning about the recruiting process.
-Interrupt the functionality and smooth procedure of the site.
-Scan, probe, or test the vulnerability of the site.
-Gain information, code, date, or materials not made purposely available by the site.
-Use this site for anything other than personal or educational use.
-Use framing techniques to lockout a section of the site.
-Gain administrative access to the site.
-Penetrate security features through hacking or other unlawful means.
-Fraudulently misrepresent your identity
-Submit, post, or encourage harassing, sexual, libelous, unlawful, defamatory, inappropriate, or obscene materials.
-Use the site for sending spam emails or mass mailings.
-Transfer viruses, such as, but not limited to, Trojan Horses and Spyware.
Violators of these policies will be subject to immediate removal and revocation of rights to access the site. This will include forfeiture of any monies paid for service or products without appeal for refund.
Submission of materials
Users of this site may submit various materials, including but not limited to biographies, personal data, photos, videos, contact details, personal statements, comments, links, opinions, and representations. You agree that you own or are legally permitted to use any materials you submit to this website and will be responsible for any and all damages and financial obligations associated with your submissions. You irrevocably agree that all of your submissions, and derivatives of them, can be used by our Company for promotional purposes. Our Company also reserves the right to remove any user submissions for the website at any time at our sole discretion.
How to Contact
For any and all issues you may contact us in writing at:
KTA Recruiting
PO Box 3758
Mount Vernon, WA 98273
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