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Terms of Use Agreement

This Terms of Use Agreement sets forth the standards of use for the $elling You Enterprises Online Service. By using the PlayaCollegeSport.com website, you the User agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications, alterations and updates shall become effective immediately upon being posted on the PlayaCollegeSport.com website. Your continued use of the Online Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
  1. Description of Service

    $elling You Enterprises is providing the User with collegiate information obtained by $elling You Enterprises. The information is presented to the User in 'best match' order based upon his or her student athlete's preferences and achievements. The User must (1) provide all equipment necessary for his or her own Internet connection, including computer and modem and (2) provide for his or her own access to the Internet, and (3) pay any fees related to such connection.

  2. Disclaimer of Warranties.

    This website is provided by $elling You Enterprises on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, $elling You Enterprises makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. $elling You Enterprises shall have no liability for any interruptions in the use of this website. $elling You Enterprises disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable in those jurisdictions.

  3. Limitation of Liability

    $elling You Enterprises SHALL NOT be liable for any damages whatsoever, and in particular $elling You Enterprises shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if $elling You Enterprises has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE IN THOSE JURISDICTIONS.

  4. Indemnification

    The User agrees to indemnify and hold $elling You Enterprises, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by the User, or other user of the Service using the User’s computer, of any intellectual property or any other right of any person or entity.

  5. Modifications and Interruption to Service

    $elling You Enterprises reserves the right to modify or discontinue the Service with or without notice to the User. $elling You Enterprises shall not be liable to the User or any third party should $elling You Enterprises exercise its right to modify or discontinue the Service. The User acknowledges and accepts that $elling You Enterprises does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  6. Third-Party Sites

    This website may include links to other websites on the Internet that are owned and operated by online merchants and other third parties. The User acknowledges that $elling You Enterprises is not responsible for the availability of, or the content located on or through, any third-party website. The User should contact the website administrator or webmaster for those third-party sites if the User have any concerns regarding such links or the content located on such websites. The User's use of those third-party websites is subject to the terms of use and privacy policies of each website, and $elling You Enterprises is not responsible therein. $elling You Enterprises encourages all Users to review said terms of use agreements and privacy policies of all third-party websites.

  7. Disclaimer Regarding Accuracy of Vendor Information

    Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While $elling You Enterprises makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

    $elling You Enterprises makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and the User acknowledges that any reliance on representations and warranties provided by any Vendor shall be at the User's own risk.

  8. Governing Jurisdiction of the Courts of Pennsylvania

    $elling You Enterprises is operated in the State of Pennsylvania. As such, $elling You Enterprises is subject to the laws of the State of Pennsylvania and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. $elling You Enterprises makes no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if the User chooses to access PlayaCollegeSport.com, he or she agrees to do so subject to the internal laws of the State of Pennsylvania.

  9. Compliance with Laws.

    The User assumes all knowledge of applicable law and is responsible for compliance with any such laws. The User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. The User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  10. Copyright and Trademark Information

    All content included or available on this website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2008 $elling You Enterprises, with all rights reserved, or is the property of $elling You Enterprises and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of $elling You Enterprises is strictly prohibited. The User agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of $elling You Enterprises.

    $elling You Enterprises and PlayaCollegeSport.com are proprietary marks of $elling You Enterprises. These marks may not be used in connection with any product or service that is not provided by $elling You Enterprises, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits $elling You Enterprises.

    All other trademarks displayed on $elling You Enterprises’s website,PlayaCollegeSport.com, are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with $elling You Enterprises.

  11. Notification of Claimed Copyright Infringement

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PlayaCollegeSport.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

    By Mail:
    Duane A. Renko
    113 Westview Drive
    Akron, PA 17501

    By Telephone:
    717.940.8771

    By Email:
    drenko@playacollegesport.com

  12. Botnets

    $elling You Enterprises retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, $elling You Enterprises reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

  13. Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. The User agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by $elling You Enterprises, in its sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between the User and $elling You Enterprises in relation to the User's use of PlayaCollegeSport.com.