Terms Of Use
Effective as of June 1, 2024.
This webpage represents a legal document that serves as our Terms of Use and it governs the legal terms of our Website, https://www.smarthlete.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by The College Recruiting Company GmbH ("TCRC").
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Smarthlete, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without prior written notice. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to each purchase using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them.
By accessing or using our website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you shall not use or access this site. The materials contained in this Website are protected by applicable copyright and trademark law.
Definitions
The terms "us" or "we" or "our" refer to TCRC, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not been granted access as a "Registered User".
A "Registered User" is an individual who has signed a separate legal agreement with TCRC, becoming a Customer. Upon becoming a Customer, access to our the Smarthlete login portal is granted.
Our "Service" represents the collective functionality and features as offered through our Website to our Customers.
A "User" is a collective identifier that refers to either a Visitor or a Registered User.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Use of the Website
Eligibility: You must be at least 13 years old to use our website. By using our website, you represent and warrant that you are at least 13 years old.License: We grant you a limited, non-exclusive, non-transferable, and revocable license to use our website for personal and non-commercial use.Prohibited Conduct: You agree not to: Use the website for any unlawful purpose. Violate any applicable laws or regulations. Engage in any activity that could harm or interfere with the website's operation or security. Attempt to gain unauthorized access to any part of the website or any systems or networks connected to the website.
Content and Information
Ownership: All content on the website, including text, graphics, logos, images, and information about our company, is the property of [Your Website Name] or its content suppliers and is protected by intellectual property laws.
Use of Content: You may not reproduce, distribute, or create derivative works from any content without our prior written permission.
Applicable to Registered Users only:
Permission is granted to temporarily download one copy of the materials (information or software) on Smarthlete's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Smarthlete Website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
Member Accounts: Access to certain parts of our website, such as the Registered Users-only portal, requires signing of a separate legal agreement and the creation of an account by Smarthlete. You agree to provide accurate and complete information when using your account.
Account Security: You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Termination: We reserve the right to terminate or suspend your account at our sole discretion, without notice, if we believe you have violated these Terms of Use or engaged in any activity that could harm the website or other users.
No Warranties: The website is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the website's operation or the information, content, materials, or products included on the website.
Limitation of Liability: To the fullest extent permitted by law, we will not be liable for any damages of any kind arising from the use of our website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Use License
This license shall automatically terminate if you violate any of these restrictions and may be terminated by TCRC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Registered Users-Only Portal
Registered User Content
By submitting any content to our website, including but not limited to comments, feedback, and suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
Disclaimers
Indemnification
You agree to indemnify, defend, and hold harmless https://www.smarthlete.com, its directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of the website or violation of these Terms of Use.
Changes to Terms of Use
We reserve the right to modify these Terms of Use at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the website after any changes constitutes your acceptance of the new terms.
Governing Law
Any claim relating to Smarthlete's Website shall be governed by the laws of Austria (the European Union) without regard to its conflict of law provisions, and you consent to exclusive jurisdiction and venue in such courts.
Contact
Please Email contact@smarthlete.com, in case you have any questions about our Terms of Use.