Terms of Use

1.General.

Use of the Recruit Fencing website (the "Website") by all users, including users who are also contributors of video content, information and other materials or services on the Website, is governed by the following Terms of Use and a Privacy Policy (), both of which you must read before using the Website. All pages within the Website are owned and operated by Recruit Fencing, LLC (Recruit Fencing, LLC, together with any and all affiliated entities, are referred to collectively herein as "Recruit Fencing").

Each of the Terms of Use and the Privacy Policy is a legal agreement between you and Recruit Fencing.  As such, the Website is intended for use by persons who are at least eighteen (18) years or older, are an emancipated minor, or possess legal parental or guardian consent to use the Website subject to these Terms of Use.  All users must be over thirteen (13) years of age, as the Recruit Fencing Website is not intended for children under 13. BY USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ ALL OF THE TERMS OF USE, THAT YOU UNDERSTAND THEM, THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OR OLDER OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS CONDITIONS SET FORTH IN THESE TERMS OF USE AND ARE OTHERWISE CAPABLE OF FORMING LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE. THESE TERMS AND CONDITIONS MAY BE WHOLLY OR PARTIALLY MODIFIED, ADDED TO, OR REDUCED AT ANY TIME BY RECRUIT FENCING IN ITS SOLE DISCRETION. You should visit the Website periodically to review the applicable Terms of Use and Privacy Policy.

2.User Conduct and Use of the Site.

a. You may use the Website, register to become a Member, and create an Account if you are at least eighteen (18) years or older or possess legal parental or guardian consent, are fully able and competent to enter into the terms conditions set forth in these Terms of Use and are otherwise capable of forming legally binding contracts under applicable law.  If you register to become a Member, you will provide true, accurate and complete registration information and shall maintain as current and promptly update relevant personal contact information provided to Recruit Fencing.

b. Certain portions of the Website and information contained on the Website may be accessible only to Members or affiliates, service providers, or other business partners of Recruit Fencing, or otherwise may be password restricted. You agree not to gain or attempt to gain unauthorized access to such portions of the Website or to information contained in such sections of the Website, to obtain or attempt to obtain confidential, proprietary and/or personal information stored on the Website, to distribute passwords to unregistered or unauthorized users, or to make any unauthorized use of the Website or information accessible on the Website. You are solely responsible for the security of your password and your Account, and unless authorized by Recruit Fencing, your password is valid only for use by you. If, at any time, you believe that your Account or password is being used by another person, you should notify Recruit Fencing immediately.

c. If you become a Member and create an Account, you consent to the use of electronic means to complete these Terms of Use, to use the Website and to provide you with any notices under these Terms of Use.  These Terms of Use and any notices given pursuant to these Terms of Use are effective and enforceable in electronic format.

d. You agree to use the Website in accordance with these Terms of Use, and acknowledge and agree that:  (i) your use of the Website as permitted is solely for your personal, noncommercial use, and/or for use in connection with legitimate collegiate recruiting activities in accordance with rules and standards applicable to such activities; and (ii) you will not copy or distribute any part of the Website in any medium without Recruit Fencing's prior written authorization.

e. You acknowledge and agree that, upon creation of a profile on the Website and registration for membership, your submitted content (each submission individually, and all submissions, collectively, referred to herein as the "User Submission") may be available for viewing by other Members or by affiliates of Recruit Fencing for evaluation and recruiting purposes. Notwithstanding the foregoing, however, Recruit Fencing makes no representation or guaranty that your profile and User Submission will be reviewed by the colleges you select, and Recruit Fencing makes no guarantee with respect to the results of any recruiting efforts or activities.

f. You agree to use the Website for lawful, noncommercial purposes only, and shall not use Website content for purposes of creating, developing or promoting any enterprise, whether or not for profit. You agree to comply with all federal, state, and local laws applicable to the use of this Website and to not use the Website to engage in prohibited conduct. Broadly stated, "prohibited conduct" is any conduct (i) that is unlawful, infringing, tortious, fraudulent, abusive, harassing, or otherwise harmful to Recruit Fencing or any other party or property; (ii) that violates another party's intellectual property, privacy or other rights; or (iii) that otherwise interferes with the operation, use or enjoyment of any service, system or other property. By way of illustration, prohibited conduct includes, but is not limited to, using the Website or the services provided through the Website to (i) violate any law or applicable regulation; (ii) violate or attempt to violate the security or integrity of, or gain or attempt to gain unauthorized access to, this Website or any service, system, information or communication contained herein; (iii) interfere with another's use of the Website or the services provided on the Website through the posting or transmitting of a virus or other harmful item; (iv) "spoof" or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, use an IP address not assigned to you, forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (v) commit fraud; (vi) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (vii) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information; (viii) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable in Recruit Fencing's discretion; (ix) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (x) send or receive material containing defamatory, false, or libelous material; (xi) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; (xii) post, send, or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships; (xiii) engage in conduct that would expose Recruit Fencing or its affiliates or service providers to civil or criminal liability; (xiv) post, send or otherwise disseminate advertising or any solicitation; (xv) conduct or forward surveys, contests, pyramid schemes, or chain letters; or (xvi) assist others in engaging in prohibited conduct. This list is not intended to be exhaustive.

g. You acknowledge and agree that you are responsible for all content posted, published, displayed or transmitted to the Website by you, including, but not limited to, User Submissions. You agree not to transmit or otherwise make available on the Website any content or any personal information of any individual or any material protected by copyright, trademark, publicity, privacy or other intellectual property or proprietary right without the express permission of such individual or the owner of such rights. The burden of determining that transmission of the information is permissible, or that the material is not protected by such rights, is on you, the user. You agree that you will not submit any User Submission that you do not have a right to make available under law or contractual or fiduciary relationships. In the event that any third party consent is required in order to grant to Recruit Fencing the rights described in these Terms of Use, you assume all liability and responsibility for securing any such consent. You are solely liable for, and shall indemnify and hold Recruit Fencing harmless for, any damages resulting from any infringement of copyrights, trademarks, proprietary rights, broadcast rights, violation of privacy or publicity rights, or any other harm resulting from your User Submissions or other submitted content or transmissions to or from the Website.

h. Recruit Fencing is not responsible for, or in anyway associated with, content posted on or transmitted to the Website by users, including, but not limited to, User Submissions.  Although Recruit Fencing has no responsibility for content or User Submissions and has no obligation to monitor content posted on or transmitted to the Website, Recruit Fencing reserves the right to monitor such content for any reason, and, in its sole discretion, to decide whether content or a User Submission is appropriate and complies with these Terms of Use, to remove any content or User Submission, and/or terminate a user's access at any time, without prior notice. Recruit Fencing also reserves the right to disclose data to law enforcement agencies or other authorities (including, but not limited to, the NCAA) who may investigate reports of misuse or abuse of the Website. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate or otherwise objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against Recruit Fencing with respect thereto, and agree to indemnify and hold Recruit Fencing harmless to the fullest extent allowed by law regarding all matters related to your use of the Website, whether as an athlete or coach in submitting User Submissions and/or creating a profile, or as a representative of a college or other institution using the Website for recruiting purposes. Users may report abuses of the Website to, with sufficient detail identifying the abusive conduct or content, so that Recruit Fencing may determine, in its sole discretion, whether to take action with respect to such alleged abuse.

i. You are solely responsible for and will exercise caution, discretion, common sense and judgment in using and accessing the Website and all content contained therein.  You are solely responsible for any equipment necessary to access and use the Website.

j. You agree to cooperate fully with Recruit Fencing to investigate any suspected or actual activity that is in breach of these Terms of Use.

k. You understand and agree that Recruit Fencing is not required to edit or review any User Submission. However, you agree that all User Submissions may be subject to Recruit Fencing's approval. Recruit Fencing reserves the right, at any time, for any reason, to reject, suspend, cancel or remove content or a User Submission. Recruit Fencing, its employees, consultants and other agents shall have no liability for taking such actions or decisions.

L. Recruit Fencing has the right to refuse service or terminate membership without prior warning or reasoning.

3.Linking

The Website may not be linked to without prior written consent. The Website may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Website.  Such links are provided for reference only, and Recruit Fencing neither controls such websites, endorses any of the content on any such websites, nor has any association with their operators. You agree that Recruit Fencing is not responsible for and relieve Recruit Fencing from all liability arising from, the availability of, content provided on, or practices of such third party websites, the quality of the goods and services provided on such websites, and the performance of any agreement you may enter into with such third party website. You should refer to the policies posted by other websites regarding privacy and other topics before you use them.  You agree that Recruit Fencing is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content.  You agree that Recruit Fencing is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

4.Copyright Matters and Copyright Agent.

a. All content available at this Website, such as text, graphics, logos, icons, images, audio clips, video clips, and/or other content, is the property of Recruit Fencing or used by Recruit Fencing with the permission of the owner of such content and is protected by U.S. and international copyright law. The compilation (meaning selection,composition, and arrangement) of all of the content on the Website is the exclusive property of Recruit Fencing and protected by U.S. and international copyright law. Users of the Website agree to not take any action with respect to content of the Website that would violate the intellectual property or proprietary rights of Recruit Fencing or other third parties, or the individual rights of other users. Content contained on the Website may not be modified, copied, distributed, framed, republished, downloaded, displayed, or sold in any form or by any means, in whole or in part, without Recruit Fencing's prior permission. You may download a copy of any portion of the Website, including User Submissions, solely for the purposes of personal, non-commercial use, or for evaluating an athlete for recruiting purposes, provided that all copyright and other notices are kept intact. Any other use of the content contained on the Website is strictly prohibited.

b. Recruit Fencing respects the intellectual property of others and asks that its users do the same. You acknowledge and agree that Recruit Fencing may (i) remove content and/or User Submissions that infringe or are believed to be infringing the intellectual property or proprietary right of Recruit Fencing or any third party; (ii) deny access to the Website to any user who uses the Recruit Fencing network in violation of any intellectual property or other proprietary right; and/or (iii) terminate a Member's account who infringes or is believed to be infringing the intellectual property, proprietary, or other rights of any third party

c. In accordance with the Digital Millennium Copyright Act of 1998 (see 17 U.S.C. 512(c)(3) for further detail), Recruit Fencing will respond promptly to claims of copyright infringement that are reported to our Copyright Agent, designated below.  If you are a copyright owner or an agent thereof and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Recruit Fencing by providing our Copyright Agent with the following information in writing:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Recruit Fencing's designated Copyright Agent to receive notifications of claimed infringement is:

By mail:
Brie S. Rogers, Esq.
Taft, Stettinius Hollister LLP
425 Walnut Street, Suite 1800
Cincinnati, Ohio 45202-3057

By email:
contact@gobigrecruiting.com

By phone:
(513) 381-2838

You acknowledge that if you fail to comply with all of the requirements of this Section 4(d), your DMCA notice may not be valid.

5.Intellectual Property Rights.

a. Recruit Fencing Content. Excluding the User Submissions, Recruit Fencing owns all right, title and interest, including without limitation all intellectual property rights, in and to the Website and content contained therein (and any derivative works or enhancements of any of the foregoing), developed in whole or in part by, with or for Recruit Fencing. All trademarks, service marks and logos contained on the Website (the "Marks") are the property of Recruit Fencing and its affiliates and/or licensors and may not be copied, imitated, or used without the prior written permission of Recruit Fencing. You shall not acquire any right, title or interest in any content or Mark, except for the limited use rights expressly set forth in these Terms of Use.

b. Restrictions. Content on the Website, including User Submissions, is provided to you AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, except as expressly permitted herein.  If you download or print a copy of the content for a permissible use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with security related features of the Recruit Fencing Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Recruit Fencing Website or the content therein.

c. Your License to Recruit Fencing.By submitting material to any area of the Website, whether created by or for you, you expressly grant (and/or warrant that the owner of such rights has expressly granted) to Recruit Fencing a royalty-free, perpetual, irrevocable, sub-licensable, transferable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit such material (in whole or in part) worldwide and/or to incorporate it in works of any form, medium or technology now known or hereafter developed, for any purpose, for the full term of any copyright or other rights that may exist in such material.

6.Representations, Warranties, and Covenants.

You represent, warrant, and covenant that: (a) you have full power and capacity to enter into these Terms of Use; (b) you have and will maintain and/or secure, as necessary, throughout your use of or access to the Website, all rights, authorizations, consents and licenses that are required with respect to, and in order to submit, your User Submissions to the Website and permit Recruit Fencing to post such content, perform its services and provide access and use of the Website as contemplated now or in the future; (c) you have obtained all necessary publicity releases, consents and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated herein.

7.Warranty Disclaimer; Limitation of Liability.

a. Recruit Fencing is not responsible for the conduct, whether online or offline, of any user, affiliate, Member, third party service provider, or any other person or entity. Use of Website services, access to any portion of the Website, or reliance on the information contained therein or provided by others appearing on the Website, is at the sole risk of the user. Under no circumstances will Recruit Fencing be responsible for any loss or damage caused by your reliance on information contained on or transmitted through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website, and to seek professional or other assistance, if necessary, in making such evaluation.

b. If you provide your email address or phone number to Recruit Fencing, this will constitute permission for Recruit Fencing to send emails or SMS text messages regarding Recruit Fencing, its affiliates, its sponsors, its products, or other items in which you may have an interest unless and until you opt to unsubscribe from such email communications or opt-out from such SMS text messages. At no time will Recruit Fencing be held responsible for any inability to prevent emails or SMS text messages from being sent to any party.

c. THE WEBSITE AND ALL CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE, INCLUDING RECRUIT FENCING CONTENT, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, QUALITY, CHARACTER, SUITABILITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RECRUIT FENCING DOES NOT WARRANT THAT ANY INFORMATION CONTAINED ON OR TRANSMITTED THROUGH THE WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT USER OR OTHER INFORMATION WILL BE COMPLETELY SECURE FROM UNAUTHORIZED ACCESS OR DISCLOSURE, OR THAT ANY INFORMATION IS FREE OF VIRUSES OR OTHER ROGUE PROGRAMMING.

d. IN NO EVENT WILL RECRUIT FENCING BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY PORTION OF THE WEBSITE, LINKS TO THIRD-PARTY CONTENT, SUBMITTED CONTENT, ANY CONTENT OF THE COMPANY OR THIRD PARTY CONTENT PROVIDERS, ANY DEFECT OR FAILURE OF ANY PRODUCT ADVERTISED ON THE WEBSITE, OR ANY ERRORS, INACCURACIES, OMISSIONS OR LACK OF AUTHENTICITY IN ANY SUCH CONTENT, OR ANY LOSS, MISUSE, OR UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION OR DESTRUCTION BY USERS OR THIRD PARTIES OF INFORMATION SUBMITTED TO OR CONTAINED ON THE WEBSITE. Recruit Fencing, its affiliates, and or any third parties mentioned on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Website, the content or services contained on the Website. Any claims arising in connection with your use of the Website or any content or services contained on the Website must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

e. The above disclaimer of liability includes, without limitation, any damages or injury caused by any unavailability of service, error, deletion, theft, alteration, misuse, or destruction of data (including personal information submitted by Users), computer virus, tortious behavior, negligence, or any other cause of action or inaction. You assume the entire cost of all damage, servicing, repair, or correction resulting from the use of the Website in any manner, including but not limited to the offensive or illegal conduct of other users or third parties.

8.Indemnity.

You agree to defend, indemnify and hold harmless Recruit Fencing, its affiliates, its officers, directors, employees, successors, agents, affiliates, distribution partners from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with:  (i) your use of and access to the Website; (ii) your User Submissions or any materials in any form that are provided by you or through use of your account; (iii) any actual or alleged violation or breach of these Terms of Use or any Recruit Fencing policies.  This defense and indemnification obligation will survive this Agreement and your use of the Website.

You further release and hold Recruit Fencing harmless from any and all liability arising from any misuse, unauthorized access, disclosure, alteration, or destruction of Website content, User Submissions, and/or information contained in the Website by other users or third parties.

9.Term and Termination; All Payments Non-Refundable.

a. Recruit Fencing may terminate your Account or block your access to the Website immediately upon notice if:  (i) you have failed to comply with any of the terms or conditions of these Terms of Use or any policies established by Recruit Fencing; (ii) you have failed to timely make any payment due to Recruit Fencing in connection with your Account; or (iii) Recruit Fencing reasonably suspects that you may be otherwise misusing the Website or that your actions may be illegal or cause liability, harm or disruption for you, other users of the Website, Recruit Fencing or the Website.

b. If you become a Member, you may terminate your account by logging into your Account, editing your profile to delete your Account, and paying any and all fees or other amounts outstanding with respect to your account.

c. Any suspension, termination or cancellation shall not affect your obligations to Recruit Fencing under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

d. All payments for services hereunder are final and non-refundable.

10.Miscellaneous.

a. Governing Law. Any disputes arising out of or related to the use of the Website or these Terms of Use will be governed by the law of the State of California, regardless of conflict of law provisions. Sole and exclusive jurisdiction and venue over any dispute arising out of or relating to use of the Website or these Terms of Use shall lie in the appropriate federal or state court in Los Angeles County, California.

b. Severability. The invalidity or unenforceability of any provision of these Terms of Use will not affect the other provisions hereof, and these Terms of Use will be construed and remain in full force and effect in all respects with such invalid or unenforceable provisions limited or excluded to the minimum extent required under applicable law.

c. Entire Agreement.These Terms of Use represent the entire agreement between Recruit Fencing and you with respect to use of the Website.

d. Limitation on Causes of Action. Any cause of action you may have with respect to use of the Website must be commenced within one (1) year after the claim or cause of action arises.

e. Contact/Address for Legal Notice. Except for copyright notices, referred to in Section 4 of these Terms of Use, all questions, comments and legal notices should be submitted to:

Recruit Fencing, LLC 1450 228th St Suite #1 Torrance, CA  90501 Attn: Legal