Terms and Conditions of Use

IMPORTANT - READ CAREFULLY: THE FOLLOWING DESCRIBES THE TERMS ON WHICH SPORTS POTENTIAL, INC. ("SPORTS POTENTIAL") OFFERS YOU ACCESS TO THE SERVICES WE OFFER ON THIS WEB SITE ("SERVICES"). BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES AND DO NOT COMPLETE REGISTRATION FOR THE SERVICE AND EXIT NOW.

The terms of the Sports Potential Privacy Policy are incorporated herein by reference. By using this site, you agree to allow Sports Potential to use your information as described in our Privacy Policy.

You agree that in order to continue on with Module 3 of the Assessment, you will sign a Release and Waiver of Liability.

1. Modified Terms - Sports Potential may revise the terms of this Agreement and the Privacy Policy, from time to time, at its sole discretion, by updating this posting. The revised Agreement shall be effective on and after the date that it is posted on the Site. You agree that your continued use of the Site following the posting of the revised Agreement constitutes your acceptance of the revised Agreement. You agree to review this Agreement periodically for changes to the Agreement.

2. Ownership - Sports Potential retains all of its ownership rights in and to this web site including, but not limited to, all graphical designs, names, icons, interfaces, and other design elements (e.g the selection and arrangement of materials therein and the "look and feel" thereof). You acknowledge and agree that the Service any necessary software used in connection with the Service is owned by Sports Potential and contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

3. No Unlawful or Prohibited Use - As a condition your use of the Service, you warrant to Sports Potential that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

4. Modifications to Service - Sports Potential reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sports Potential shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

5. Termination - You agree that Sports Potential, in its sole discretion, may terminate your access to and use of the Service at any time and for any reason, including, without limitation, if Sports Potential believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. Sports Potential may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Sports Potential may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Sports Potential shall not be liable to you or any third-party for any termination of your access to the Service.

6. Disclaimer of Warranties - YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SPORTS POTENTIAL MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY OR SECURE; (III) THE RESULTS THAT YOU OBTAIN FROM THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) THE DATA SUBMITTED WILL BE SECURE FROM UNAUTHORIZED ACCESS. SPORTS POTENTIAL SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARDS TO THE SERVICE AND ANY OTHER ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE.

7. Limitation of Liability - YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SPORTS POTENTIAL INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR GOODWILL, USE, DATA OR INTANGIBLE LOSSES, ARISING OUR OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), EVEN IF SPORTS POTENTIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnity - You agree to indemnify and hold Sports Potential, and its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of this Agreement and/or your violation of any rights of another party.

9. Notices - Notices to you shall be made via either email or regular mail. Sports Potential may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service.

10. Miscellaneous - This Agreement constitutes the entire agreement between you and Sports Potential and governs your use of the Service, superceding any prior agreements between you and Sports Potential. This Agreement and the relationship between you and Sports Potential shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County, California. The failure of Sports Potential to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement will nevertheless remain in full force and effect.