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Terms & Conditions
Terms and Conditions for Former NCAA Student-Athlete Career Center LAST UPDATED: 8/11/2014 These Terms and Conditions ("Conditions") are an agreement between you ("you" or "user") and The National Collegiate Athletic Association and its affiliates, website and application developers, vendors, and promotional partners ("NCAA," "we," or "us"). These Conditions govern your access and use of the NCAA Former Student-Athlete On-line Career Center ("Career Center"). By using the Career Center, you agree to be bound by these Conditions, the Terms of Use, and the Privacy Policy that are posted on the Career Center home page. The NCAA.org Terms of Use and the Privacy Policy are incorporated by reference into these Conditions. If you do not agree to the Conditions, you may not access or otherwise use the Career Center. We may, in our sole discretion, modify these Conditions with or without notice to you. The "Last Updated" date at the top of these Conditions will indicate when the latest modifications were made. By continuing to access and use the Career Center after these Conditions have been modified, you agree to such modifications. Therefore, you should review these Conditions prior to each use of the Career Center. Use of the Career Center The Career Center may be used only by former student-athletes of NCAA member institutions who have no NCAA competition eligibility remaining ("Former NCAA Student-Athletes") seeking employment and/or career information and by employers who are generally supportive of the NCAA's values and attributes described below. Posting of Job Openings on the Career Center Employers that have created an account on the Career Center may post jobs on the Career Center job board. Employers and the jobs they post should be generally supportive of the NCAA's values and attributes, and/or not be in conflict with the NCAA's mission and fundamental principles. The NCAA reserves the right to refuse any employer or job posting that in the NCAA's sole judgment violates these principles. The NCAA strives to be associated with entities and messages that:
Specific Examples The items below are examples of topics and entities not permitted to be associated with the NCAA or to post employment opportunities on the Career Center job board. These examples are not meant to be exhaustive, but instead were chosen to illustrate the application of the NCAA's principles outlined above.
Posting of Resumes on the Career Center Former NCAA Student-Athletes who have created an account on the Career Center may post their resumes on the Career Center for potential employers to review. Only Former NCAA Student-Athletes may post resumes on the Career Center. Former NCAA Student-Athletes may not post any inaccurate, false, or misleading information in a resume. User Content and Conduct Where applicable on the Career Center (e.g., job boards and resume postings), you are invited to post your own content ("User Content"). You understand that all User Content, whether you have publicly posted it on the Career Center, posted it as part of your profile, or privately transmitted it to the NCAA, is your sole responsibility. Though the Career Center is designed to be a safe place to share such User Content, the NCAA cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.,), do not post it to the Career Center. Under no circumstances will the NCAA be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content. In particular, the NCAA is not responsible for the accuracy, timeliness, completeness or removal of any employment information or opportunities or of any resume information. The NCAA also is not responsible for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Career Center. For instance, the NCAA makes no representation regarding, and has no liability arising from, the safety, legality, longevity, quality or environment of jobs offered, the actions of any employers in the interview and decision-making process (including, without limitation, inappropriate comments, harassment, discrimination, physical violence, or any other illegal activity). In addition, the NCAA makes no representations regarding the ability of employers to offer opportunities described in their listings or the ability of candidates to fill such opportunities. THE NCAA IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE CAREER CENTER. By posting any User Content to the Career Center, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to NCAA and its related entities or affiliates a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology not known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: (a) you own the User Content posted by you on or through the Career Center or otherwise have the right to grant the license set forth in this section and (b) the posting of your User Content on or through the Career Center does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Career Center. You acknowledge and agree that the NCAA may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Conditions; respond to claims that any User Content violates the rights of third parties; or protect the rights, property, or personal safety of the NCAA, its users, and the public. You understand that the technical processing and transmission of the Career Center, including your User Content, may involve: transmissions over various networks and changes to conform and adapt to technical requirements of connecting to networks or devices. You agree to each of the terms in these Conditions and further agree that each of these terms applies forever and broadly with regard to the NCAA worldwide. Posting of User Content to or through the Career Center, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or is be implied by our review of subsequent use of your User Content. The NCAA shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Career Center. THE NCAA SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE CAREER CENTER, FOR ANY PURPOSE WHATSOEVER, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT, SUBJECT TO THE THESE CONDITIONS, THE TERMS OF USE, AND THE NCAA'S PRIVACY POLICY. You agree that you will not use the Career Center to: (a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or in breach of the NCAA's values and attributes or the ncaa.org Privacy Policy; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to a representative of the NCAA, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Career Center; (e) upload, post, email, or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, email, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (g) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; (h) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, emulate, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Career Center are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (j) interfere with or disrupt the Career Center or servers or networks connected to the Career Center, or disobey any requirements, procedures, policies, or regulations of networks connected to the Career Center; (k) "stalk" or otherwise harass another; (l) collect or store personal information or data about other Career Center users; or disclose another person's personal information or data to any third party; (m) solicit personal information or data from anyone under 18 years of age; (n) "bot", "hack," or "crack," or otherwise attempt to circumvent any access control, copyright protection, or other license-enforcement mechanisms associated with or related to the Career Center; (o) use any device to navigate or search the Career Center other than the tools available on the Career Center, generally available third party web browsers, or other tools approved by the NCAA; (p) use any data mining, robots, or similar data gathering or extraction methods; (q) aggregate, copy or duplicate in any manner any of the content on the Career Center or information available on the Career Center, including expired job postings, other than as permitted in these Conditions; (r) post any resume or job opening on behalf of another party; (s) use the Career Center to obtain employment offers or identify candidates for employment for anyone other than the Career Center account holder; (t) share any login credentials to the Career Center with a third party; (u) use the information provided in the Career Center in any way that violates the NCAA.org Privacy Policy or any applicable laws; and/or (v) use the information provided in the Career Center for any advertising or promotional purposes. You understand that by using the Career Center, you may be exposed to User Content created by others that is offensive, indecent, or objectionable. The NCAA does not endorse or have control over what is posted as User Content. User Content is not reviewed by the NCAA prior to posting and does not reflect the opinions or policies of the NCAA. The NCAA makes no representations or warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Career Center. The NCAA assumes no responsibility for monitoring the Career Center for inappropriate submissions or conduct, but reserves the right to do so. If at any time the NCAA chooses, in its sole discretion, to monitor the Career Center, the NCAA nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Career Center users submitting any such User Content. Notwithstanding the foregoing, the NCAA and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, content that violates these Terms or is otherwise objectionable, in the NCAA's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content. The NCAA may store User Content indefinitely. However, the NCAA has no obligation to store User Content or make it available to you in the future. You are solely responsible for your interactions with other Career Center users. The NCAA reserves the right, but has no obligation, to monitor disputes between you and other Career Center users. The NCAA reserves the right to terminate your access to the Career Center if the NCAA determines, in its sole discretion, that doing so is prudent. Links; Third Party Websites Links on the Career Center to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Career Center. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that the NCAA will not be responsible or liable for dealings you have with such third parties. You will use these links at your own risk. Service Usage; Termination of Usage You are required to establish an account and/or register on the Career Center in order to take advantage of certain features of the Career Center. If you provide information on the Career Center, you agree to (a) provide true, accurate, current, and complete information about yourself, your company, and any employment opportunities as prompted by the Career Center and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is false, inaccurate, outdated, or incomplete, or the NCAA has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, or the NCAA has the right to suspend or terminate your account and prohibit any and all current or future use of the Career Center (or any portion thereof) by you. You will create a username and password while completing the account and/or profile registration process. You are responsible for maintaining the confidentiality of the password and account. The NCAA reserves the right to refuse registration of, or cancel, an account, profile, or username in its sole discretion. You agree to (a) immediately notify the NCAA (or its designee) of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Career Center, including actions resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying the NCAA. The NCAA cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You are responsible for your use or and communications on the Career Center. You agree to use the Career Center only for lawful purposes and not to use the Career Center in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Career Center. You further agree that you will not access the Career Center by any means except through the interface provided by the NCAA for access to the Career Center. Creating or maintaining any link from another website or application to any page or functionality on the Career Center without the prior written authorization of the NCAA is prohibited. Running or displaying the Career Center or any information or material displayed on the Career Center in frames or through similar means on another website or application without the prior written authorization of the NCAA is prohibited. Any permitted links to the Career Center must comply with applicable laws, rules, and regulations. These Conditions are effective unless and until terminated by either you or the NCAA. You may terminate these Conditions at any time, provided that you discontinue all further use of the Career Center. The NCAA also may terminate or suspend the Career Center, at any time, without notice, and accordingly deny your access to the Career Center, for any reason, including without limitation, if, in the NCAA's sole discretion, you fail to comply with any term or provision of these Conditions or your use is harmful to the interests of another user or the NCAA. Upon any termination of these Conditions by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Career Center, as well as all copies of such materials, whether made under these Conditions or otherwise. The NCAA reserves the right and from time to time may modify or discontinue, the Career Center (or any part thereof) temporarily or permanently with or without notice. Except as otherwise expressly stated in these Conditions, you agree that the NCAA shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Career Center. You agree that the NCAA may terminate or suspend your access to all or part of the Career Center, without notice, for any conduct that the NCAA, in its sole discretion, believes is in violation of these Conditions or any applicable law or is harmful to the interests of another user or the NCAA. |