Terms and Conditions

Last updated: October 18, 2015

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using any of the SportsNet Inc. Digital Sports Management applications (together, or individually, the “Service”) operated by SportsNet Inc. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Accounts

We provide multiple services under contract with high schools and high school districts. User accounts fall into one of two categories:

1. Administrative accounts
2. Parent/guardian accounts

Administrative accounts are created and managed by school and/or district staff members. No one other than authorized school officials are allowed to create or access administrative accounts.

Parent/guardian accounts are created via self-registration. If you wish to create a parent/guardian account, you guarantee the following:

• You above the age of 18.
• You are a legal parent/guardian of a student at the applicable school.
• You will use the site only to provide information regarding your own child.
• The information you provide us is accurate, complete, and current at all times.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service or terminate accounts at our sole discretion.

Our Service

We provide secure web applications assisting schools and districts with the management of:

• Athlete clearance and eligibility
• Coach pre-screening and clearance

Our Service is restricted to the legitimate educational purpose of assisting with these institutional functions.

Student Data

“Student Data” is any information that is directly related to any identifiable current or former student that is maintained by a school or school district. This may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”). Our Service allows parents and legal guardians to provide information relevant to the determination of athletic clearance and eligibility. Schools are permitted to enter Student Data into our servers for the sole purpose of determining athletic clearance and eligibility and to assist with the distribution of this information to authorized school staff members.

For information on our privacy and security practices, please read our Privacy Policy.

Our Use of Student Data

We will only collect and use Student Data necessary to fulfill our duties as outlined in these Terms. We do not share Student Data with any person or entity other than the school or school district with whom we have a legal contract. We do not data-mine or commercialize any Student Data, and all Student Data is removed from our servers upon termination of the applicable contract. We do not view or otherwise access Student Data without the consent of the applicable school or district, and access is restricted to only that which is necessary to provide technical support.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of SportsNet Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SportsNet Inc.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

We will ensure that all Student Data in our possession is destroyed or transferred to the school or district under the direction of the school or district when the Student Data is no longer needed for its specified purpose, at the request of the school or district.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless SportsNet Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) user-supplied information posted on the Service.

Limitation Of Liability

In no event shall SportsNet Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

SportsNet Inc., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes to These Terms and Conditions

We will not change these Terms in any way without advance notice to and consent from the schools and school districts with whom we have legal contracts.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.