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August 7, 2007

Welcome to CaptainU.com, a Web-based communication tool for high school and youth club soccer players, college soccer coaches, and high school and club soccer coaches, operated by CaptainU, LLC (“CaptainU”). The products offered by CaptainU include the CaptainU website (the “Website”), Radio CaptainU podcast, and any other features, content, or applications offered by CaptainU in connection with the Website (collectively, the “Tools”).

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Tools. You are only authorized to use the Tools (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. By using the Tools, you agree to be bound by this Agreement, whether you are a "Guest" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with CaptainU). The term "User" refers to a Guest or a Member.

CaptainU may modify this Agreement from time to time and such modification shall be effective upon posting by CaptainU on the Website. CaptainU shall indicate at the top of this page the date these terms were last revised. You agree to be bound to any changes to this Agreement when you use the CaptainU Tools after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

This Agreement includes the Privacy Policy and the NCAA Compliance Terms, each of which is incorporated into the Agreement by reference. Please read this Agreement carefully as it contains important information regarding your legal rights. If you object to anything in the Agreement, the Privacy Policy, or the NCAA Compliance Terms, do not use the Website or the Tools.

1. Eligibility. Use of and Membership in the Tools is void where prohibited. By using the Tools, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; (d) you have the authority to enter into this Agreement; and (e) your use of the Tools does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age. Users may not have more than one active account.

2. Term. This Agreement shall remain in full force and effect while you use the Tools or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. CaptainU may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3. Account Security. You are responsible for maintaining the confidentiality of the Username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your Username and password. You agree to (a) immediately notify CaptainU of any unauthorized use of your Username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CaptainU will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

4. Privacy. Use of the Tools is governed by our Privacy Policy.

5. CaptainU User Levels. The following are CaptainU User levels:

  • "Players" or "Athletes" are defined as high school and/or youth club soccer players at least 14 years of age who will be eligible to participate in intercollegiate athletics upon graduating from high school or earning a high school equivalency.
  • "College Coaches" are defined as head coaches, assistant coaches, and managers of accredited college soccer teams that are members of the NCAA, NAIA, or other recognized and qualified intercollegiate athletics governing organizations.
  • "Club Coaches" are defined as head coaches, assistant coaches, and managers of private soccer clubs that have athletes who are actively seeking the opportunity to play intercollegiate soccer.
  • “High School Coaches” are defined as head coaches, assistant coaches, and administrators of high school soccer teams.

Use of CaptainU by persons other than (a) players/athletes, (b) college coaches, (c) club coaches, and (d) high school coaches is strictly prohibited and is grounds for immediate termination and/or legal action.

6. Non-commercial Use by Members. The Tools are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by CaptainU. Illegal and/or unauthorized use of the Tools, including collecting Usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Tools.

7. Content Posted. You are solely responsible for the content that you publish or display (hereinafter, "post") on the CaptainU, or transmit to other Users (collectively, “User Content”). You will not post on the CaptainU, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other User. If information provided to CaptainU, or another User, subsequently becomes inaccurate, misleading or false, you will promptly notify CaptainU of such change or make the appropriate changes yourself.

By posting User Content to any public area of any CaptainU, including without limitation, message boards, profiles, forums, and contests, you automatically grant to CaptainU and its affiliates an irrevocable, royalty-free, perpetual, fully paid nonexclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

You also represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of any CaptainU Site, you also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any CaptainU Site retains any and all rights that may exist in such User Content.

8. Monitoring and Enforcement. CaptainU acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, CaptainU may review and remove any User Content that, in its sole judgment, violates this Agreement, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, CaptainU Users. CaptainU reserves the right to expel Users and prevent their further access to the CaptainU Sites and/or use of CaptainU Tools for violating this Agreement or applicable laws, rules or regulations. CaptainU may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for CaptainU, damage CaptainU’s brand or public image, or cause CaptainU to lose (in whole or in part) the Tools of its suppliers.

CaptainU does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

9. Member Disputes. You are solely responsible for your interactions with other CaptainU Members. CaptainU reserves the right, but has no obligation, to monitor disputes between you and other Members.

10. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of CaptainU to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to CaptainU by the copyright owner or the copyright owner's legal agent.

If you believe that your copyrighted work or trademark has been uploaded, posted or copied to the Website and is accessible in a way that constitutes copyright or trademark infringement, please provide our agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Tools; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

We have designated Avi Stopper as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to this Agreement. You can contact Avi Stopper as follows:

Avi Stopper CaptainU, LLC
1439 S. Michigan Ave. #201
Chicago, IL 60605
info@captainu.com

11. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Tools. CaptainU reserves the right to investigate and take appropriate legal action against anyone who, in CaptainU’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Tools and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of CaptainU:

  • Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Harasses or advocates harassment of another person;
  • Exploits people in a sexual or violent manner;
  • Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
  • Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

12. Subscription Policy.
(a) General. CaptainU bills you through an online account (your "Billing Account") for use of the Tools. You agree to pay CaptainU all charges at the prices then in effect for any use of the Tools by you or other persons (including your agents) using your Billing Account, and you authorize CaptainU to charge your chosen payment provider (your "Payment Method") for the Tools. You agree to make payment using that selected Payment Method. CaptainU reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

(b) Recurring Billing. Most CaptainU subscription plans consist of an initial period, for which there is a one time charge, followed by recurring monthly or annual period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. CAPTAINU MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUAL) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY CAPTAINU) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE CAPTAINU REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.

(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY CAPTAINU IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS, THEFT, OR EXPIRATION) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON THE ACCOUNT SETTINGS PAGE. IF YOU FAIL TO PROVIDE CAPTAINU ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT CAPTAINU MAY CONTINUE CHARGING YOU FOR ANY USE OF THE TOOLS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE TOOLS (CONFIRMED BY YOU IN WRITING UPON REQUEST BY CAPTAINU). CAPTAINU ALSO RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT IF YOUR PAYMENT METHOD IS CANCELED.

(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If CaptainU does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

(e) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and CaptainU shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that CaptainU may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

(f) Auto-renewal. Your CaptainU subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Account Settings. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

(g) Reaffirmation of Authorization. Your non-termination or continued use of the Tools reaffirms that CaptainU is authorized to charge your Payment Method. CaptainU may submit those charges for payment and you will be responsible for such charges. This does not waive CaptainU's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to CaptainU.

(h) Free Trials and Other Promotions. Any free trial or other promotion that provides Member-level access to CaptainU must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact info@captainu.com to have the charges reversed.

13. Modifications to CaptainU. CaptainU reserves the right at any time to modify or discontinue, temporarily or permanently, the Tools (or any part thereof) with or without notice. You agree that CaptainU shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Tools.

14. Links to Other Sites. CaptainU Tools contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by CaptainU of the contents on such third-party Web sites. CaptainU is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

15. Access to CaptainU. Access to CaptainU and the Tools may be interrupted, suspended or terminated periodically due to circumstances both within and outside of the control of CaptainU. You agree that CaptainU shall not be liable for any damages arising from any such interruption, suspension or termination of the Tools and that you shall put into place contingency plans to account for such periodic interruptions, suspensions or terminations of the Tools.

16. Disclaimers. CaptainU is not responsible for any incorrect or inaccurate Content posted on the CaptainU Website or in connection with the CaptainU Tools, whether caused by Users of the CaptainU Tools or by any of the equipment or programming associated with or utilized in the CaptainU Tools. Profiles created and posted by Members on the CaptainU Website may contain links to other websites. CaptainU is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by CaptainU. CAPTAINU DOES NOT WARRANT THAT ANY CAPTAINU SITE WILL OPERATE ERROR-FREE OR THAT ANY CAPTAINU SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY CAPTAINU SITE OR THE CAPTAINU CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAPTAINU IS NOT RESPONSIBLE FOR THOSE COSTS. THE CAPTAINU SITES AND CAPTAINU CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CAPTAINU, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. CAPTAINU MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CAPTAINU CONTENT, TOOLS, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL CAPTAINU, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY CAPTAINU SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY CAPTAINU SITE AND THE CAPTAINU CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAPTAINU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Limitation on Liability. CAPTAINU’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CAPTAINU FOR THE CAPTAINU TOOLS DURING THE TERM OF MEMBERSHIP.

18. Compliance with External Rules and Regulations. CaptainU’s compliance with National Collegiate Athletic Association (NCAA) bylaws is governed by our NCAA Compliance Terms. You agree to be fully informed of and abide by all rules and regulations set forth by the NCAA, the National Association of Independent Athletics (NAIA), and all other organizations that govern high school, club, and intercollegiate athletics. You are solely responsible to abide by these rules. Violation of any such rules and regulations are grounds for immediate suspension and/or termination of membership. You agree to absolve CaptainU of any liability that may arise from your violation of these governing rules and regulations.

19. Outcome. CaptainU does not guarantee or warrant any particular outcome from use of the CaptainU Tools. You are solely responsible for the outcome of any and all activities relating to the college sports recruiting process and/or use of CaptainU Tools.

20. Indemnification. You agree to indemnify and hold CaptainU, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the CaptainU Tools in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the CaptainU Website or through the CaptainU Tools causes CaptainU to be liable to another.

21. Jurisdiction and Arbitration. If there is any dispute about or involving the CaptainU Tools, you agree that the dispute shall be governed by the laws of the State of Illinois, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Illinois, County of Cook. Either CaptainU or you may demand that any dispute between CaptainU and you about or involving the CaptainU Tools must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA), provided that the foregoing shall not prevent CaptainU from seeking injunctive relief in a court of competent jurisdiction.

22. Other. This Agreement is accepted upon your use of the CaptainU Website or any of the CaptainU Tools and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and CaptainU regarding the use of the CaptainU Tools. The failure of CaptainU to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. CaptainU.com is a trademark of CaptainU, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.