1. User Conduct
You agree to not use the Site in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You agree that you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or attempt to disguise the origin of anything transmitted through the Site. You will not use the Site to transmit anything that you do not have a right to transmit, including but not limited to emails or other transmissions that infringe patent, trademark, trade secret, copyright, or any other proprietary right of any party. Your use of the Site will not interfere with or disrupt the servers or networks connected to the Site or fail to comply with any requirements, procedures, policies, or regulations of networks connected to the Site.
You understand that information, data, messages, and other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you, and not AthletePrep, are entirely responsible for all uploads and/or emails transmitted via the Site. Under no circumstances will AthletePrep be liable in any way for your use of the Site, including but not limited to any errors or omissions in any information available from the Site, including but not limited to information regarding athletic training or nutrition, or for any loss or damage of any kind incurred as a result of your use of the Site or any information obtained from the Site. AthletePrep reserves the right to modify, suspend and/or discontinue the Site, at any time, in its sole discretion.
AthletePrep, in its sole discretion, may terminate your access to the Site and/or the Program for any reason, but especially if AthletePrep believes that you have violated or acted inconsistently with the letter or spirit of this Use and Privacy Agreement, including but not limited to the license granted herein. AthletePrep may also, in its sole discretion and at any time, discontinue providing the Site and/or the Program, with or without notice. You agree that any termination of your license to the Program or your access to the Site may be affected without prior notice, and you acknowledge and agree that AthletePrep may immediately deactivate or delete your Program account, if any, and all related information and files in your account and/or bar any further access to such files, the Program, and/or the Site. Further, you agree that AthletePrep shall not be liable to you or any third party for any termination of access to your account, the Program, or the Site.
4. Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the AthletePrep’s legal department. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
AthletePrep respects the intellectual property of others, and asks its users and visitors to do the same. AthletePrep will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, AthletePrep will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable unauthorized access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information ("Notice of Infringement"):
- a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- b. a description of the copyrighted work that you claim has been infringed;
- c. a description of where the material that you claim is infringing is located;
- d. your address, telephone number, and email address and all other information reasonably sufficient to permit AthletePrep to contact you;
- e. a 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; and
- f. a statement by you, made under penalty of perjury, that the above information in your Notice of Infringement is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
340 Wall Street
Princeton, NJ 08540
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING ATHLETEPREP THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
5. Dealings with Third Parties
Your correspondence or business dealings with, or participation in promotions of, athletic clubs, sponsors, suppliers, partners or advertisers (collectively "Third Parties") found on or through your use of the Site, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Parties. You agree that AthletePrep shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the participation on the Site of such Third Parties. However, AthletePrep may be privy to and use personal information provided by you to such parties.
7. AthletePrep’s Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in connection therewith ("Software"), the Program, including but not limited to all images, videos, photographs, graphics, artwork, text, Marks (defined below), and other information and material found on the Site and all intellectual property relating thereto (separately and collectively, the "Licensed Content"), but excepting information transmitted to the Site by any parties other than AthletePrep or its suppliers, is owned by AthletePrep or such suppliers, as appropriate. You furthermore acknowledge and agree that the Licensed Content contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All AthletePrep logos, trade names, trade dress, and product and service names displayed on the Site or in the Program (collectively, the "Marks") are proprietary to AthletePrep, its subsidiaries and affiliates. In addition, AthletePrep may license from third parties the rights to use their marks on its products ("Third Party Marks"). Subject to the payment of all required fees and to your strict compliance with this Use and Privacy Agreement, AthletePrep grants to you a restricted, nonexclusive, non-transferable, non-sublicenseable license to use the Site, the Program, and the Licensed Content, as appropriate, solely for your use and their intended purpose. You may not relicense, rent, lease or otherwise distribute legal rights to any other person or entity in the Site, the Program, or the Licensed Content.
You may not sell, distribute, transfer, modify, copy, transmit, create derivative works, modify, or publish the Site, the Program, or the Licensed Content, with or without consideration, or otherwise use the Site, the Program, or the Licensed Content except in connection with your access to and participation in the Site and authorized use of the Program. AthletePrep grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright, and other proprietary rights in the Site, the Program, and the Licensed Content, including all updates and modifications thereto.
8. Consent and Release
For adequate consideration received, you hereby give AthletePrep, its direct and indirect subsidiaries and affiliates, and those acting with its authority (collectively, "AthletePrep") the absolute, unrestricted, irrevocable and worldwide right, with respect to any information concerning you that you provide to AthletePrep through the Site or the Program, including your name and biographical information, and any photographic image made of you, or any work product created by you (including text material and photograph), and whether digital or otherwise (collectively, the "Information"):
- (a) to display, reproduce, broadcast, publish, edit, modify, or prepare derivative works or otherwise use the Information, in whole or in part, individually or in connection with, or as a composite of other photographs or other matter, including but not limited to text, data, images, illustrations, animation graphics, in video or audio segments of any nature, and on any of AthletePrep’s marketing materials, websites or in any other public or private medium, including all formats of print, computer readable electronic, magnetic, digital, laser or optical based media (the "Work") and for any purpose whatsoever, including but not limited to product promotion and advertising (the "Permitted Use");
- (b) to register the copyright of the Information and any Work in AthletePrep’s name or any other names that it may choose; and
- (c) to use and permit your name to be used in connection with the Information and any Work, whether an original or modified form as AthletePrep so chooses.
You hereby release and discharge AthletePrep, its agents, employees, officers, shareholders, successors and assigns from any and all claims and demands you may now or hereafter have arising out of or in connection with the Permitted Uses of the Information or any Work, including, without limitation, any and all claims for the right of privacy, publicity, libel or slander, and any and all claims and/or demands for royalties associated therewith.
You agree that there shall be no obligation to utilize the authorization granted by you hereunder. The terms of this authorization shall commence on the date you accept this Use and Privacy Agreement and will be without limitation. This consent and release shall also inure to the benefit of the legal representatives, licensees and assigns of AthletePrep as well as the person(s) who recorded or otherwise assisted in the publication of the Permitted Uses of the Information or the Work.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- (a) YOUR USE OF THE SITE AND THE PROGRAM IS AT YOUR SOLE RISK. THE SITE AND THE PROGRAM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATHLETEPREP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE AND/OR USE OF THE PROGRAM.
- (b) ATHLETEPREP MAKES NO WARRANTY THAT (i) THE SITE OR PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE OR PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR PROGRAM WILL BE ACCURATE OR RELIABLE.
- (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ATHLETEPREP ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SITE OR PROGRAM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR TIMELINESS OF ANY INFORMATION OR ADVICE GIVEN BY THE SITE OR THE PROGRAM AND THE DELETION OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATHLETEPREP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ATHLETEPREP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR CONTINGENCY SOLUTIONS, RESULTING FROM ANY MESSAGES RECEIVED, RESULTS DISPLAYED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR PROGRAM. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW PROACTIVE RELEASE FROM LIABILITY, THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, IT IS EXPRESSLY UNDERSTOOD that Section 1542 of the Civil Code of California provides as follows:
1542. (Certain Claims not Affected by General Release). A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. If in any way applicable, the parties agree that the benefits of the provisions in SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR FEDERAL OR STATE STATUTE ARE HEREBY WAIVED by the parties and each of them acknowledge and agree that this release will be delivered in the State of California and that this waiver is an essential and material term of this release.
Notices to you may be made via either email to or regular mail. Notices or other correspondence to AthletePrep should be mailed to:
340 Wall Street
Princeton, NJ 08540
11. General Information
The parties acknowledge that they have required that this Use and Privacy Agreement be prepared and provided in English. Les parties reconnaissent qu’elles ont exige que la presente convention soit redigee in anglais.
AthletePrep, LLC ("AthletePrep," "we," "us," or "our") is committed to protecting the privacy of our students and their families, and we treat any information you share with discretion, care and respect.
What types of personal and non-personal information do we gather online and offline?
We will collect both personally identifiable and non-personally identifiable information on the Site and in the Program and through offline interactions.
What about Children’s Privacy?
Children’s privacy is important to us. We are committed to safeguarding children’s personal information collected online, and to helping parents and their children learn how to exercise control over personal information while exploring the Site and the Program, specifically, and the Internet, generally. We will collect personally identifiable information from children on the Site and in the Program.
How do we use the personal information that we gather?
We will use the person information we gather online to run the admission algorithms and financial calculators in the Program and to assess the accuracy and validity of the Program’s algorithms, calculators, and displayed results.
Who can see the financial information that I input into the Program?
We will only use the personal financial information we gather online to run the admission financial calculators in the Program and to assess the accuracy and validity of the Program&rquo;s calculators, and displayed results. None of this personal financial information is available for anyone to view other than those you share your log-in credentials with. No Club or Organization Administrators will have access to any of this detailed personal financial information. Club or Organization Administrators will have access to see the Expected Family Contribution (EFC) which is calculated using the personal financial information by the FAFSA and PROFILE financial aid calculators. The EFC is used to calculate your Likely Aid Amount and Estimated Real Cost, both of which can be seen by Club or Organization Administrators.
How is non-personally identifiable data used?
We use non-personally identifiable data for internal business and marketing purposes, and share such data with third parties, including current or potential business partners. For example, we occasionally use information about what banners or links have brought you to the Site to measure online advertising effectiveness and to determine payment to our online advertising partners. We also use non-personally identifiable data to assess the accuracy and validity of the Program’s algorithms, calculators, and displayed results.
What about cookies and gifs?
Do we disclose your personally identifiable information to third parties?
While we do collect personally-identifiable information from the Site and the Program, except as set forth below, we do not disclose personally identifiable information to third parties.
How are e-mail links treated?
We use e-mail links located on the "Contact Us" page to allow you to contact us directly with any questions or comments you may have. We read every email and try to reply promptly to each one. This information is used to respond directly to your questions or comments. We may also file your comments to improve the Site and the Program, or we may review and discard the information.
Can I opt out of receiving communications from AthletePrep?
Yes, you can opt out of receiving communications from AthletePrep. We will process your request promptly. Please be aware that you may receive another contact before your name removal takes effect. We regret any inconvenience this may cause. The Site gives you the following options:
If you do not wish to receive direct mail communications, send an e-mail to email@example.com with your full name in the subject line. Please include your first name, last name, address, city, state, zip code, and phone number in the body of the e-mail to ensure we can process your request.
If you do not wish to receive e-mail communications, send an e-mail to firstname.lastname@example.org with the word UNSUBSCRIBE in the subject line. Please include your first name, last name, address, city, state, zip code, and phone number in the body of the e-mail to ensure we can process your request.
If you do not wish to receive telephone communications, send an e-mail to email@example.com with your full name in the subject line. Please include your first name, last name, address, city, state, zip code, and phone number in the body of the e-mail to ensure we can process your request.
If you do not wish to receive any communications, send an e-mail to firstname.lastname@example.org with your full name in the subject line. Please include your first name, last name, address, city, state, zip code, and phone number in the body of the e-mail to ensure we can process your request.
If you prefer, you can send us a letter at the following address. Please include your first name, last name, address, city, state, zip code, and phone number in the letter to ensure we can process your request:
340 Wall Street
Princeton, NJ 08540
Notice to California Residents about Your California Privacy Rights
What about links to other web sites?
The Site and the Program may contain links to other web sites controlled by third parties. AthletePrep is not responsible for the privacy practices or the content of such web sites. Additionally the existence of any external link does not suggest that we endorse the linked entity or its products or services. We recommend that you read the privacy policies of each web site that you visit.
Will this policy change?
How do I contact the AthletePrep online?
Conflict of provisions: