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Terms of Service

Welcome to Cougs4Hire.com (the "Site"). Cougs4Hire, LLC and/or its affiliates, referred to herein as "Cougs4Hire" or "we" or "us," provide website features and other products and services to you when you visit or shop at Cougs4Hire, LLC. "You" or "user" means you as a user of this Site.

The following Terms and Conditions of Use (these "Terms of Service"), govern your access to and use of the Site, including any content, functionality and services offered on or through Cougs4Hire.com.  These Terms of Service and all policies and additional terms posted on and in the Site set out the terms on which Cougs4Hire offers you access to and use of our Services.  Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other individual or entity (where applicable), to be bound and abide by these Terms of Service and all policies and additional terms posted on and in the Site, applications, tools and services (collectively "Services"), which are incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the Services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

CHANGES TO THIS AGREEMENT

Cougs4Hire may change any of the Terms of Service contained herein, including the Cougs4Hire Privacy Policy and other policies and guidelines governing the Services, at any time in its sole discretion.  YOU AGREE THAT YOUR CONTINUED USE OF THE SITE FOLLOWING ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.  IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, STOP USING THE SITE AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

EXPERIENCES

Cougs4Hire is a marketplace where college athletes ("Athletes") may offer for sale their name, image, or likeness in connection with certain products or services ("Experience").  Only registered users may buy and sell on Cougs4Hire. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.

Athletes create Experiences on the Site to allow users to purchase their products and/or services.  An Experience will be at the price determined by the Athlete and is subject to the Athletes own terms and conditions.Athletes are encouraged to obtain general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with their products or services.  Some of the Experiences may be delivered physically (sports paraphernalia, collectable items, etc.).  Athletes are solely responsible for any shipping of an Experience and are responsible for all shipping arrangements once the user provides the shipping address.  In the event that an Experience requires delivery of an item, Cougs4Hire does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.  Cougs4Hire does not guarantee any Experiences and is not liable for any claims for any loss or damage related to Experiences purchased through the Site.  Cougs4Hire does not guarantee the quality or nature of any interactions you may have with other users or Athletes and is not liable for any claims for any loss or damage related to your interactions with other users or Athletes, on the Site or otherwise.

You pay the Athlete in advance for an Experience.  Cougs4Hire is entitled to a transaction fee for each Experience, in the amount set forth on the Site. You and Athletes may not offer or accept payments using any method other than placing an order through the Site and may not offer direct payments using payment systems outside of the Site.

COMMUNITY STANDARDS

Cougs4Hire enables you, the fan, and Athletes to connect.  Cougs4Hire seeks to maintain a friendly, community. Users should keep to that spirit while participating in any activity or extensions of Cougs4Hire. You must comply with Cougs4Hire's community standards, which are a set of behavior rules and guidelines, as set forth herein and on the Site, applicable to the Cougs4Hire community and marketplace in addition to these Terms of Service, as updated from time to time.  This section relates to the expected conduct users should adhere to while interacting with each other on Cougs4Hire.

All interactions must be performed exclusively on the Site.  Users may not submit proposals or solicit parties introduced through Cougs4Hire to contract, engage with, or pay outside of the Site.

Cougs4Hire is open to everyone. Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.  You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.

Athletes and/or users may be removed by Cougs4Hire from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:

  • Illegal or Fraudulent products or services

  • Copyright Infringement, Trademark Infringement, and violation of a third party's Terms of Service reported through our Intellectual Property Claims Policy found here

  • Adult oriented services, Pornographic, Inappropriate/Obscene

  • Spam, nonsense, or violent or deceptive Experiences

  • Reselling of regulated goods

  • Promoting products or services through activities that are prohibited by any laws, regulations, and/or third parties' Terms of Service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

For security concerns, Cougs4Hire may temporarily disable an account to prevent fraudulent or illicit activity. This may come as a result of security issues or improper behavior reported by other users.

Cougs4Hire is a marketplace where Users can purchase Experiences from Athletes.  Cougs4Hire is not responsible for nor liable for any interactions between Users and Athletes.  Cougs4Hire shall not be responsible or liable for any loss, damages or claims arising from any interactions between Users of the Site.  Nothing in this section shall create a duty in Cougs4Hire to monitor interactions between Users or otherwise regulate such interactions.

DISPUTE RESOLUTION

Cougs4Hire does not provide any guarantee of the level of service offered to users. Athletes must fulfill their Experiences, and may not cancel Experiences on a regular basis or without cause. Cancelling Experiences will affect the Athlete's reputation and status. Cougs4Hire encourages Athletes and users to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, you may submit your dispute to mediation.

PROPRIETARY RIGHTS

The Site, including all accompanying images, text, illustrations, logos, brands, and audio and video files (collectively "intellectual property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Cougs4Hire or parties who have licensed their intellectual property to Cougs4Hire. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Site are the exclusive property of Cougs4Hire and its affiliates and protected by U.S. and foreign laws and international copyright treaties. Materials from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Site and/or Cougs4Hire's intellectual property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation Cougs4Hire's copyrights and other proprietary rights and is strictly prohibited.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Cougs4Hire and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the Site by you, or by any other person using the Site through you or using your account.

DISCLAIMER OF WARRANTY

YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, Cougs4Hire AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER Cougs4Hire NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE; (v)  ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SITE IS NONINFRINGING.

Cougs4Hire AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE Cougs4Hire AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE BROWSERAPP, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF Cougs4Hire OR ANY OF ITS AFFILIATES.

YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH SOFTWARE AND/OR CONTENT.

LIMITATION OF LIABILITY

IN NO EVENT WILL Cougs4Hire, OR ANY OF ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SITE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED VIA THE SITE, ANY OFFERS PURCHASED THROUGH THE SITE, OR ANY INTERACTIONS BETWEEN USERS AND ATHLETES, OR (ii) ANY USE OR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE.

APPLICABLE LAW; JURISDICTION AND VENUE

By using the Site, you agree that these Terms of Service and your use of the Site will be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to the Cougs4Hire, the Site, or these Terms of Service shall be adjudicated in any state court in Utah County, Utah, or any Federal court in Salt Lake City, Utah, and you consent to exclusive jurisdiction and venue in such courts.

GENERAL PROVISIONS

Entire Agreement. These Terms of Service, which includes the Cougs4Hire Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written.

Severability. If any provisions of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. No Waiver.  Cougs4Hire's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Cougs4Hire's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.