The following Terms and Conditions of Use (“Terms”) govern your use of www.therecruitingprocess.com and any other site owned or maintained by THE RECRUITING PROCESS, INC. (sometimes referred to as “THE PROCESS” “we” or “us”).
Please read these Terms carefully. By clicking “I Accept” below, you are agreeing to: (i) these Terms; (ii) THE PROCESS Privacy Policy (the “Privacy Policy”); (iii) and any other legal notices, conditions or guidelines that may be posted by us. Any and all such notices conditions or guidelines are hereby incorporated by reference into these Terms. YOU ARE ALSO ACKNOWLEDGING THAT YOU ARE AT LEAST 18 YEARS OLD (OR OVER THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE) AND YOU HAVE BINDING AUTHORITY TO ACCEPT THESE TERMS ON YOUR OWN BEHALF. If you do not agree or do not wish to be bound by these Terms, you may not access or use THE PROCESS. We reserve the right to change or amend the Terms at any time. In the event of a material change, we will notify you by posting notice of the changes on our website or by email.
For any recurring subscription fee, our third-party payment processor will automatically bill your Payment Method for the recurring amount during the subscription period agreed to by you.
From time to time, THE PROCESS may offer different subscription terms, and the fees for such subscription may vary. Any subscription fee you pay in full or in instalments is Non-refundable. THE PROCESS reserves the right to make changes to its subscription terms and fees at its sole discretion.
If the credit card we have on file for you is declined for payment of your subscription fee, you have 30 days to provide us with a new credit card or your subscription will be cancelled. If you provide us with a new card and are successfully charged within 30 days, your subscription period will be based on the original subscription date and not the date of the successful charge.
In order to access some features of the Site, you will have to create a registered member account with a login and password. You may not use another person’s account or share your account and password with any other user or entity. When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. You are solely responsible for the activity that occurs on your account, and you are responsible for keeping your account password secure. You will not sell, transfer, or assign your account, subscription, or any account or subscription rights. You must immediately notify THE PROCESS of any breach of security or unauthorized use of your account by contacting Mark Flynn at mark@therecruitingprocess.com. THE PROCESS will not be liable for your losses caused by any unauthorized use of your account; however, you may be liable for the losses incurred by THE PROCESS or others due to such unauthorized use.
You agree that you will not use the Site or the services offered through the Site: (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, without THE PROCESS’ prior written consent; (ii) to promote information that you know is false or misleading or to promote or engage in illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (iii) to engage in or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets; (iv) to solicit personally identifying information for commercial or unlawful purposes; (v) to advertise to, solicit, or sell to any person without their prior explicit consent; (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations; or (vii) to use or launch any automated system, including without limitation, “robots,” or “spiders,” that accesses the Site in a manner that sends more request messages to our servers in a given period of time than humanly possible in the same period by using a web browser. In order to protect third parties and other users from such prohibited conduct, THE PROCESS reserves the right to restrict, in its sole discretion, communications which a user may send through the Site.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with any User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize THE PROCESS to use all copyrights, trademarks, trade secrets, patents or any other proprietary rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Site and these Terms; (ii) the posting or publication of your User Submission on or through the Site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person, school, institution or organization in your User Submission to use the name or likeness of each and every such identifiable person, school, institution or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms. You further affirm, represent and warrant that your User Submissions will contain no nudity or sexually explicit content and are not lewd, obscene, defamatory or libellous in any manner whatsoever.
As between you and THE PROCESS, you will retain all ownership rights in your User Submissions. By submitting a User Submission to THE PROCESS, you hereby grant to THE PROCESS a perpetual, worldwide, non-exclusive, royalty-free, fully-paid-up, sublicenseable and transferable license to use, post and store your User Submissions on our Site and servers and publish, distribute, publicly perform, create derivatives of and display such User Submissions in connection with the Site and THE PROCESS’ (and its successor’s or affiliates) business, including without limitation the right to modify and adapt the User Submission and distribute such User Submissions to other users and third parties for promotional or other purposes in any media formats and through any media channels. In addition, by submitting a User Submission to THE PROCESS you hereby grant THE PROCESS the right to use your name, image and information in connection with such User Submission. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.
You further agree that you will not: (i) publish falsehoods or misrepresentations that could damage the Site, THE PROCESS, or any third party; (ii) submit material that is pornographic, hateful, intimidating, racially or ethnically offensive, or constitutes or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, or is otherwise inappropriate; (iii) post advertisements or solicitations of business, including any “junk mail” or “spam”; (iv) impersonate another person, school, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third party, school, institution, organization or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Site or any server, computer hardware, software or equipment.
THE PROCESS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. THE PROCESS does not permit copyright infringing activities and infringement of intellectual property rights on its Site. We will remove all any User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. We reserve the right to decide whether a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, violations of rights of publicity or privacy or excessive length. THE PROCESS may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion. In order to cooperate with legitimate governmental requests, court orders or subpoenas, to protect THE PROCESS’ systems and customers, and to ensure the integrity of THE PROCESS’ business and systems, THE PROCESS may access and disclose any information that it considers necessary or appropriate, including, without limitation, personal data or other user data, IP address and traffic information, usage history, and User Submissions.
THE PROCESS is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions. THE PROCESS is not liable for any statements, representations or User Submissions provided by users on the Site.
THE PROCESS’ designated Copyright Agent for notice of claims of infringement is:
Mark Flynn
7 Hunters Lane
Natick, MA 01760
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to THE PROCESS mark@therecruitingprocess.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and (iv) your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the State of Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If such counter notification is received by the Copyright Agent, THE PROCESS shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, THE PROCESS may, in its sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, THE PROCESS shall, in appropriate circumstances, terminate access, in its sole discretion, of any registered member that THE PROCESS finds to be a repeat infringer of others copyrights. THE PROCESS may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
You specifically acknowledge that THE PROCESS shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
AM 56901347.3
The following Terms and Conditions of Use (“Terms”) govern your use of www.therecruitingprocess.com and any other site owned or maintained by THE RECRUITING PROCESS, INC. (sometimes referred to as “THE PROCESS” “we” or “us”).
Please read these Terms carefully. By clicking “I Accept” below, you are agreeing to: (i) these Terms; (ii) THE PROCESS Privacy Policy ( the “Privacy Policy” ); (iii) and any other legal notices, conditions or guidelines that may be posted by us. Any and all such notices conditions or guidelines are hereby incorporated by reference into these Terms. YOU ARE ALSO ACKNOWLEDGING THAT YOU ARE THE CHILD'S PARENT OR LEGAL GUARDIAN AND YOU HAVE BINDING AUTHORITY TO ACCEPT THESE TERMS ON YOUR CHILD’S BEHALF. If you do not agree or do not wish to be bound by these Terms, you may not access or use THE PROCESS. We reserve the right to change or amend the Terms at any time. In the event of a material change, we will notify you by posting notice of the changes on our website or by email.
For any recurring subscription fee, our third-party payment processor will automatically bill your Payment Method for the recurring amount during the subscription period agreed to by you.
From time to time, THE PROCESS may offer different subscription terms, and the fees for such subscription may vary. Any subscription fee you pay in full or in instalments is Non-refundable. THE PROCESS reserves the right to make changes to its subscription terms and fees at its sole discretion.
If the credit card we have on file for you is declined for payment of your subscription fee, you have 30 days to provide us with a new credit card or your subscription will be cancelled. If you provide us with a new card and are successfully charged within 30 days, your subscription period will be based on the original subscription date and not the date of the successful charge.
In order to access some features of the Site, you will have to create a registered member account with a login and password. You may not use another person’s account or share your account and password with any other user or entity. When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. You are solely responsible for the activity that occurs on your account, and you are responsible for keeping your account password secure. You will not sell, transfer, or assign your account, subscription, or any account or subscription rights. You must immediately notify THE PROCESS of any breach of security or unauthorized use of your account by contacting Mark Flynn at mark@therecruitingprocess.com. THE PROCESS will not be liable for your losses caused by any unauthorized use of your account; however, you may be liable for the losses incurred by THE PROCESS or others due to such unauthorized use.
You agree that you will not use the Site or the services offered through the Site: (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, without THE PROCESS’ prior written consent; (ii) to promote information that you know is false or misleading or to promote or engage in illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (iii) to engage in or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets; (iv) to solicit personally identifying information for commercial or unlawful purposes; (v) to advertise to, solicit, or sell to any person without their prior explicit consent; (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations; or (vii) to use or launch any automated system, including without limitation, “robots,” or “spiders,” that accesses the Site in a manner that sends more request messages to our servers in a given period of time than humanly possible in the same period by using a web browser. In order to protect third parties and other users from such prohibited conduct, THE PROCESS reserves the right to restrict, in its sole discretion, communications which a user may send through the Site.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with any User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize THE PROCESS to use all copyrights, trademarks, trade secrets, patents or any other proprietary rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Site and these Terms; (ii) the posting or publication of your User Submission on or through the Site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person, school, institution or organization in your User Submission to use the name or likeness of each and every such identifiable person, school, institution or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms. You further affirm, represent and warrant that your User Submissions will contain no nudity or sexually explicit content and are not lewd, obscene, defamatory or libellous in any manner whatsoever.
As between you and THE PROCESS, you will retain all ownership rights in your User Submissions. By submitting a User Submission to THE PROCESS, you hereby grant to THE PROCESS a perpetual, worldwide, non-exclusive, royalty-free, fully-paid-up, sublicenseable and transferable license to use, post and store your User Submissions on our Site and servers and publish, distribute, publicly perform, create derivatives of and display such User Submissions in connection with the Site and THE PROCESS’ (and its successor’s or affiliates) business, including without limitation the right to modify and adapt the User Submission and distribute such User Submissions to other users and third parties for promotional or other purposes in any media formats and through any media channels. In addition, by submitting a User Submission to THE PROCESS you hereby grant THE PROCESS the right to use your name, image and information in connection with such User Submission. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.
You further agree that you will not: (i) publish falsehoods or misrepresentations that could damage the Site, THE PROCESS, or any third party; (ii) submit material that is pornographic, hateful, intimidating, racially or ethnically offensive, or constitutes or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, or is otherwise inappropriate; (iii) post advertisements or solicitations of business, including any “junk mail” or “spam”; (iv) impersonate another person, school, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third party, school, institution, organization or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Site or any server, computer hardware, software or equipment.
THE PROCESS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. THE PROCESS does not permit copyright infringing activities and infringement of intellectual property rights on its Site. We will remove all any User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. We reserve the right to decide whether a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, violations of rights of publicity or privacy or excessive length. THE PROCESS may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion. In order to cooperate with legitimate governmental requests, court orders or subpoenas, to protect THE PROCESS’ systems and customers, and to ensure the integrity of THE PROCESS’ business and systems, THE PROCESS may access and disclose any information that it considers necessary or appropriate, including, without limitation, personal data or other user data, IP address and traffic information, usage history, and User Submissions.
THE PROCESS is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions. THE PROCESS is not liable for any statements, representations or User Submissions provided by users on the Site.
THE PROCESS’ designated Copyright Agent for notice of claims of infringement is:
Mark Flynn
7 Hunters Lane
Natick, MA 01760
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to THE PROCESS mark@therecruitingprocess.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and (iv) your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the State of Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If such counter notification is received by the Copyright Agent, THE PROCESS shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, THE PROCESS may, in its sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, THE PROCESS shall, in appropriate circumstances, terminate access, in its sole discretion, of any registered member that THE PROCESS finds to be a repeat infringer of others copyrights. THE PROCESS may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
You specifically acknowledge that THE PROCESS shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
AM 56901343.3
THE RECRUITING PROCESS, INC. (“THE PROCESS,” “we” “us” or “our”) is dedicated to protecting your privacy This Privacy Policy governs your use of our website and any features, widgets, plug-ins, applications, content, downloads or other services that we own or control and make available or otherwise posts a link to this Privacy Policy. By accessing or using the website, or any component thereof, you consent to the use of your Personal Information (defined below) as described in this Privacy Policy. The statements in this Privacy Policy only apply to our privacy practices on the Web site and do not apply to any third parties that may independently interact with the Web site. This Privacy Policy does not apply to our data collection activities offline or otherwise outside of the website (unless otherwise stated below).
We reserve the right to update or change this Privacy Policy at any time. We will post the most recent version of the Privacy Policy on this page. If you have questions or concerns about this Privacy Policy, please email Mark Flynn at mark@therecruitingprocess.com.
DEFINITIONS
As used in this Privacy Policy, the term “Personal Information” means any non-public information that identifies you, including but not limited to, your name, likeness, address, and email address.
HOW THE PROCESS RECEIVES AND COLLECTS YOUR PERSONAL INFORMATION
You provide us with your Personal Information when you enter or upload information into www.therecruitingprocess.com or any other website or application owned or maintained by THE PROCESS. In addition, we may collect information about you and your computers (e.g., through “cookies”) when you use or interact with website for recruiting services (the “Services”). A cookie is a data file placed on a device when it is used to visit the website. We may collection this information through various forms and in various places on the website, including account registration forms, contact us forms, uploading pages or when you otherwise interact with the website.
HOW THE PROCESS USES AND DISCLOSES YOUR PERSONAL INFORMATION
We will use your personal information to communicate with you and to provide our Services. By providing this information to us you hereby grant us permission to disclose or share your Personal Information with other individuals involved in the recruiting process (such as your parents, guardian, coach, a college or university, or a recruiting scout). With your permission, we may also use your Personal Information, including your likeness, for the marketing and promotion of the Services, including the use of your likeness in any form, in any media.
We will not use, disclose, or sell your Personal Information to third parties for research or marketing purposes without your permission.
The Web site also allows for you to submit credit card and related billing information for subscriptions to certain Services provided by THE PROCESS. We do not store credit card or related billing information. The portion of the website where you enter credit card or other payment information is operated and controlled by our third-party payment processor. Although we know the amount that is charged to your credit card, we do not store or review your billing information when you engage in a transaction through our website.
DELETING YOUR PERSONAL INFORMATION
We cannot delete your Personal Information, but protect your Personal Information as set forth in this Privacy Policy. If you terminate your account, we will not further disclose your data but may retain a backup copy on our systems. Also, we cannot retrieve any information previously disclosed to a third party with your authorization.
THIRD PARTIES
This Privacy Policy applies only to THE PROCESS. We cannot control the policies or practices of other websites or vendors, including any third party payment processor.
APPLICABLE LAW
We are committed to complying with all applicable federal and state laws relating to Personal Information. Any Personal Information that you provide to us will be stored on our computer network servers. We maintain reasonable physical, electronic and procedural safeguards to protect the confidentiality of your Personal Information. The security measures in place for the website and its servers aim to protect the loss, misuse or alteration of the information you provide to us. No data transmission over the internet, mobile network, wireless transmission or electronic storage of information, however, can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use the website and provide us with your information at your own risk. If you know of or suspect any violation of security, please email Mark Flynn at mark@therecruitingprocess.com.
BUSINESS TRANSITIONS
In the event that THE PROCESS goes through a business transition, such as a merger, acquisition by another entity, or transfer of all or a portion of its assets, your Personal Information might be among the assets transferred. You will not be notified in advance of any such change in ownership or control of your Personal Information.
TRANSFER OF PERSONAL INFORMATION TO THE UNITED STATES
The website is operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the website or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.
EFFECTIVE DATE
This Privacy Policy is effective as of November 11, 2015.
AM 46149540.4
“THE PROCESS helped put me exactly where I believe I was supposed to end up. Being a part of THE PROCESS gave me a feeling of ease as I worked my way through the recruiting process. Mark and his team constantly kept me in the loop and worked extremely hard to put me in a position to be successful at the next level.”
“It took us a while to decide to team up with The Process to make sure our son Hayden got the best possible opportunity to play ball at the next level. One year later he's second line at Southern Mississippi - living the dream. Incredible experience. The Process was best decision we made for his recruiting! Highly recommend!”
“Coach G has been a great influence in young inspiring athletes for years now. During my high school career he helped take me to the next level in the college recruiting process... Coach G gets the job done and has become a role model, and friend since I was a (young) athlete. He is one of the best!”
“Paul and I worked together at the University of Miami as well as the University of Alabama where we had tremendous success on the field and in recruiting (2012 National Championship and 2013 #1 recruiting class). He is a man of his word and has the players best interest always in mind.”
