IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.
These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals residing in the United States may use the Sabkesportsllc.com Site and/or the sablesportsllc.com Services (as defined below). Certain sablesportsllc.com Services are subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services ("Additional Terms"). In those cases, the applicable Additional Terms are set forth in the printed or online Service materials relating to those Services.
· Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services ("Registered Users").
· This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against Sablesportsllc.com to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 13 "Agreement to Arbitrate") no later than 30 days after the date you first use the Sablesportsllc.com Site or Services. Unless you opt out: (1) you will only be permitted to pursue claims against Sablesportsllc.com on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis
· These Terms include the Sablesportsllc.com Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services.
· These Terms are subject to change by Sablesportsllc.com at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.sablesportsllc.com/terms for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.
For purposes of these Terms, and except to the extent expressly excluded below, the "Site" shall mean www.Sablesportsllc.com and any other websites, web pages, mobile applications and mobile websites operated by Sablesportsllc.com, Inc. ("Sablesportsllc.com" or "we") in the United States, and the "Services" shall mean any of the various services that Sablesportsllc.com provides through the Site or any other channels, including without limitation, over the telephone.
However, the terms "Site" and "Services" do not include or involve the following:
· Websites, web pages, mobile applications and mobile websites (and services offered through such channels) operated by Sablesportsllc.com’s other subsidiaries. The sites and services offered by such other subsidiaries are subject to separate terms to which users of such sites and services must separately agree and which can be found on their respective sites and/or service materials or within the relevant mobile applications.
· Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by Sablesportsllc.com which have separate terms of service that do not expressly incorporate these Terms by reference.
· Third-party entities such as law firms, sports agencies, talent agencies and other corporate entities that may use the Sablesportsllc.com Site or Services to market their services and/or recruit student-athletes and employees.
1. Description of Services, Limitations; User Responsibility
2. Eligibility to Use the Site and Services
3. Rules for User Conduct and Use of Services
4. Background and Verification Checks
5. Termination
6. Privacy
7. Links To External Sites
8. Payment and Refund Policy
9. Release of Liability for Conduct and Disputes
10. Age Restrictions
11. Disclaimers, Limitations, Waivers, Indemnification
12. Copyright notices and Complaints
13. Agreement to Arbitrate
14. Governing Law and Jurisdiction
15. Consent to Electronic Communication
16. Miscellaneous
17. Severability
18. Contact Information
1. Description of Services; Limitations; User Responsibilities
1. 1.1 About Our Services
Sablesportsllc.com offers various Services to help its users find, coordinate, and maintain quality NIL opportunities. The Services we offer include, among others:
§ We provide a platform for individuals seeking student-athletes for advertisement, employment, brand ambassador opportunities (such as individual or shared ad campaigns, tik tok postings, Instagram posting, YouTube videos, brand ambassador opportunities, spokesperson) as well as local, regional and national print, television, and radio advertisement opportunities.) (each "Student-Athlete NIL seeker") to post jobs on the Site, and to search for, narrow, find, and communicate with individuals and teams who are interested in providing any of the aforementioned services ("NIL provider"), and for S-A’s to post profiles on the Site and browse, search, and apply to jobs. We also provide functionality that allows S-A NIL Seekers to search for and message other NIL Opportunity Seekers to help facilitate shared NIL advertisement opportunities.
§ We provide tools and information to help Businesses and student-athletes make more informed decisions, such as (i) our Safety center www.sablesportsllc.com/safetycenter which includes a safety guide and safety resources, (ii) verification dashboards on student-athletes profiles, which enable Businesses to check the status of a student-athletes various verifications, and (iii) a process for Businesses to obtain a zoom or other video conference interview on individual student-athletes who consent to the initial interview.
§ We can provide a directory of student-athletes and agencies that operate NIL-related businesses such as sports agencies, talent agencies, law firm representation from which users may contact or request information.
§ For certain Businesses who subscribe to any of the 4 subscription levels on Sablesportsllc.com through their employer's benefits program and for certain other Business, we offer through our subsidiaries Sablesportsllc.com Concierge, Inc., certain additional services, including:
§ An Expert Assistance service that provides additional assistance in narrowing down the list of student-athletes for Opportunity Providers to choose from based on their respective NIL needs and preferences as communicated to us.
§ We provide an online community for Registered Users to communicate and share information with other Registered Users who share a common interest or bond.
§ We may offer a third-party payment processor agreement on the future (collectively, the "Payment Processor Services Agreement"). By agreeing to these Terms, Student-Athletes that use the payment service also agree to be bound by the Third-Party Payment Processor Services Agreement, as the same may be modified by them from time to time. As a condition of Sablesportsllc.com enabling payment processing services through the third party we chose, you agree to provide SableSportsllc.com accurate and complete information about you, and you authorize Sablesportsllc.com to share it and transaction information related to your use of the payment processing services provided by the third-party we choose. Sablesportsllc.com assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable. Student-Athletes who elect to receive payments from Businesses through this service can also qualify for certain benefits under a program operated by Sablesportsllc.com.
§ We offer eligible Student-Athletes access to various benefits from third party service providers, including, without limitation, those that offer access to tax advisors, investment advisors, and other legal professionals.
Our Services will continue to grow and change. Please refer to our Site for further information about the Services we provide.
2. 1.2. Limitations of our Services
We offer Services to help our users find, coordinate, and maintain Student-Athlete NIL opportunities. However, except where specifically provided in these Terms, in any applicable Additional Terms, or on the Site itself.
§ Except for SableSports, LLC Brand Ambassadors employed by our subsidiaries, we do not employ any Student-Athletes and are not responsible for the conduct, whether online or offline, of any Business, Student-Athlete, or other user of the Site or Services. Business Subscribers are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable Ban-the-Box, Fair Chance, payroll, tax and minimum wage laws).
§ Business Community Members and Student-Athletes content is primarily user generated. We do not control or vet user-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Student-Athletes or Business Community on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site.
§ We do not refer or recommend Businesses or Student-Athletes nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Student-Athletes or the integrity, responsibility or actions of Business Community or Student-Athletes whether in public, private or offline interactions. Any screening of a Business Community Member or Student-Athlete(s) and his, her or its information by Sablesportsllc.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as an employer or Student-Athlete.
§ We are not an employment agency, and we do not secure or procure employees for any Business Community Subscriber, nor do we secure or procure opportunities for employment for any Student-Athletes.
§ We strive to control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Student-Athletes, nor do we require Student-Athletes to accept or work any jobs or deliver any services at all.
§ We may offer certain Registered Users the opportunity to verify certain information such as their email address, cell phone number, or, in the case of sports management or talent management agencies, their state license information. If we indicate that certain information has been verified, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant, that the information is accurate or that it belongs to the Registered User who supplied it.
Please review carefully the Release of Liability Form Third-Party Content and Conduct that appears in Section 9 below for important limitations on Sablesportsllc.com's liability to which you are agreeing by using the Site and Services.
3. 1.3. User Responsibilities
Registered Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Business Community Member or Student-Athlete for themselves or business.
Please visit our Safety Center at www.sablesportsllc.com/safety-center-p1273.html for recommendations on how to make more informed hiring and employment decisions, as well as for tips if you are a Business Community Member looking to find another Business Community Member with whom to share a name, image, and likeness opportunity in your area. Each Business is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the student-athletes they select as well as that Student-Athletes eligibility to work in the US, based on state and national laws.
2. Eligibility to Use the Site and Services
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
1. You intend to use the Site and Services solely for the purpose of finding or Student-athlete NIL opportunities or NIL related jobs, or for finding or sharing information relating to NIL opportunities.
2. Our Services are available only to individuals who are eighteen (16) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
3. The Site and the Services are currently available only to individuals who reside legally in the United States or the territory of Puerto Rico. If you reside outside the United States or Puerto Rico, visit our Site homepage for a listing of other countries where our subsidiaries or affiliates offer similar services.
4. If you are registering to be a Student-Athlete, you must be permitted to legally work within the United States or Puerto Rico.
5. Neither you nor any member of your household may have ever been:
§ the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:
§ any felony;
§ any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or
§ any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.
§ registered, or currently required to register, as a sex offender with any government entity.
o You must not be a competitor of Sablesportsllc.com or using our Services for reasons that are in competition with Sablesportsllc.com.
o If you are an individual business, you must not request three or more Student-Athletes for video interviews each working day in each of twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services in the State of California).
o If you are a high school student signing up on the Sablesportsllc.com website, you must be aware of the state laws in the state you are a legal resident of or where your parents or guardians are residents of so that you are complaint with sate laws where they have explicitly granted or awarded high-school aged student-athletes the ability to participate in Name, Image and Likeness opportunities without jeopardizing their amateur status with the NCAA, NAIA, or other governing bodies.
Rules for User Conduct and Use of Services
0. 3.1. Registration, Posting, and Content Restrictions
The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, whether to Sablesportsllc.com or to other Registered Users or Site Visitors, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"):
§ Any Content that you post, upload or transmit to or through the Site or Services is solely for the purpose of finding or managing Name, Image, and Likeness opportunities, or for finding or sharing information relating to NIL opportunities.
§ You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
§ You will register your account in your own legal name, even if you are seeking opportunities for another individuals or businesses.
§ Unless otherwise permitted by Sablesportsllc.com, all Content you post will be in English as the Site and Services generally are not supported in any other languages.
§ You are solely responsible for any Content that you post on the Site or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Sablesportsllc.com where this is not the case. You will not provide inaccurate, misleading, defamatory, or false information to Sablesportsllc.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
§ You understand and agree that Sablesportsllc.com may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Sablesportsllc.com violates these Terms or which Sablesports.com determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
§ You have the right, and hereby grant, to Sablesportsllc.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Sablesportsllc.com will not infringe or violate the rights of any third party.
§ Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
§ We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Sablesportsllc.com and we may use all such communications, all without notice to, consent from, or compensation to you.
As Business Community Member and Student-Athlete Content is primarily user generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Student-Athletes or Businesses on or off the Site, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold Sablesportsllc.com harmless for any misstatement’s misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by Sablesportsllc.com, are those of their respective authors. Such authors are solely responsible for such content. Sablesportsllc.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Sablesportsllc.com or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users.
You agree that Sablesportsllc.com has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
1. 3.2. Exclusive Use
If you are a Business Community Member Subscriber, you may use your account only to find S-A’s for yourself, your clients, your agents, not for another business whom isn’t a subscriber with whom you are entering a shared advertisement arrangement. If you are a Student-Athlete, you may use your account only to find opportunities or jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
2. 3.3. Prohibited Uses
By using the Site or Services of Sablesportsllc.com, you agree that you will not under any circumstances:
§ use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or otherwise deemed offensive.
§ use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to NIL or NIL opportunities, or for any other purpose not expressly intended by Sablesportsllc.com;
§ harass, abuse or harm another person or group, or attempt to do so;
§ use another user's Sablesportsllc.com account;
§ provide false or inaccurate information when registering an account on Sablesportsllc.com, using the Services or communicating with other Registered Users;
§ attempt to re-register with Sablesportsllc.com if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
§ interfere or attempt to interfere with the proper functioning of Sablesportsllc.com's Services;
§ make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
§ bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
§ use the communication systems provided by or contacts made on Sablesportsllc.com for any commercial solicitation purposes other than those expressly permitted by Sablesportsllc.com;
§ publish or link to malicious content intended to damage or disrupt another user's browser or computer.
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of messages a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.
Should Sablesportsllc.com find that you violated the terms of this Section, or any terms stated herein, Sablesportsllc.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that Sablesportsllc.com may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain NIL or Business Opportunity information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a "mirrored", competitive, or third party site. This obligation shall be in addition to any other rights Sablesportsllc.com may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, Sablesportsllc.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
Background and Verification Checks
4.1 Student-Athlete Can Order or Authorize Background Checks about Themselves and Can Authorize the Sharing of Them with Other Members
Sablesportsllc.com offers to individuals who have registered as Student-Athletes and Business Community one or more background check services from third-party consumer reporting agencies ("Background Checks"). Certain background checks may be made available for purchase by both Businesses and Student-Athletes, while others may only be made only be available for purchase by Businesses or Student-Athletes. All background checks require payment of a separate fee by the Member who is initiating the background check request and are subject to the consent of the student-athlete on whom the check is being performed.
Each of these Background Checks is regulated by the Fair Credit Reporting Act ("FCRA"), and the background reports resulting from these services are considered "consumer reports" under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.
Sablesportsllc.com will receive a copy of each Background Check you order or authorize through Sablesportsllc.com. See Section 4.4 below for information regarding Sablesportsllc.com's use of these Background Checks. You are responsible for making sure that the email address you provide to Sablesportsllc.com is correct, knowing that sensitive information will be sent to it.
If you are a student-athlete and you authorize a third-party background check ordered by a Business Community Member, the results of that background check will be made available to the Business Community Member who ordered it, regardless of its contents.
If you are a student-athlete and you have ordered a Background Check on yourself from a third-party consumer reporting agency through Sablesportsllc.com, we may indicate in your profile that you have completed that check. However, we will not share the results with any other site visitor or Registered User without your specific authorization.
4.2. Background Check Offerings Available to Individuals Who May Not Have Registered As a student-athlete or Business Community Member
Through certain pages of the Site, we may from time to time offer to individuals who may or may not be registered as BCM the opportunity to purchase certain background checks on student-athletes who are not necessarily registered on Sablesportsllc.com. These background checks are performed by a third-party consumer reporting agency and are subject to the terms of Section 4.1, 4.3, and 4.7 except that (i) references to BCM’s shall refer to individuals who order the checks regardless of whether they are registered as BCM’s, (ii) references to S-A's shall refer to individuals who authorize the check to be performed on themselves regardless of whether they are registered as S-A’s, and (iii) Sablesportsllc.com does not view the results of these checks regardless of whether the NIL provider on whom the check is performed is registered as a student-athlete.
4.3. Special Responsibilities of Users of Background Check under FCRA
The use of any background check reports obtained through the Site is governed by the federal Fair Credit Reporting Act ("FCRA") and certain state laws. If you order or request access to background check on a BCM, you are considered an end user of the check, and must agree to a required End User Certification before the check will be processed. This End User Certification requires you to certify that you will comply with the FCRA and any applicable state laws, and summarizes key legal obligations. A summary of your responsibilities in using the information contained the background check can be found http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. If there is negative data in a check you receive, and you choose to take "adverse action" (i.e. if you choose to pass on that individual's candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject's right to contest the accuracy or completeness of the report. Depending on the specific background check you order, Sablesportsllc.com may provide a mechanism for you to request that the consumer reporting agency who performed the check complete these steps on your behalf. Where such a mechanism is not available, you are responsible for making any required notifications yourself. If the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.
4.4 Sablesportsllc.com May Review and Use Background Checks You Order or Authorize About Yourself
By registering for and using the Site or Services as an individual student-athletes, and subject to your authorization, you acknowledge and agree that Sablesportsllc.com may review and use any Background Checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of our Site and its users, which may, in the case of certain S-A’s be considered an employment purpose pursuant to the FCRA. Sablesportsllc.com reserves the right to terminate your membership based on the information contained in such report, even if such information was subsequently dismissed.
If Sablesportsllc.com terminates your membership or access to the Site on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Sablesportsllc.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not Sablesportsllc.com.
4.5 Sablesportsllc.com May Order and Use Background Screenings About You
By registering for and using the Site or Services as a BCM or S-A you hereby acknowledge and agree that Sablesportsllc.com has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its users ("Preliminary Membership Screens"), which may, in the case of certain student-athletes, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as a student-athlete, Sablesportsllc.com may order these screenings when you register with Sablesportsllc.com and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).
These Preliminary Membership Screens may also regulated by FCRA, and the background reports resulting from these services may be considered "consumer reports" under FCRA.
You understand and agree that Sablesportsllc.com may review the information provided by the third-party consumer reporting agency and that Sablesportsllc.com retains the right to terminate your Sablesportsllc.com registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If Sablesportsllc.com terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you access to a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Sablesportsllc.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not Sablesportsllc.com) within the time period specified in your notice. Notwithstanding this, you agree that Sablesportsllc.com is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.
BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A CURRENT STUDENT-ATHLETE, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW Sablesportsllc.COM TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE Sablesportsllc.COM.
4.6. Sablesportsllc.com May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
By registering as a student-athlete or Business Community Member, and, if applicable to you as a S-A, subject to your additional authorization, you authorize Sablesportsllc.com, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, Sablesportsllc.com reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true ("Verification Checks"). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that Sablesportsllc.com may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Sablesportsllc.com.
You also hereby represent, understand and expressly agree that Sablesportsllc.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.
BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A STUDENT-ATHLETE SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW SABLESPORTSLLC.COM TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SABLESPORTSLLC.COM.
4.7 Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched.
This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through Sablesportsllc.com; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).
In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.
If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless Sablesportsllc.com from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
You expressly acknowledge that Sablesportsllc.com has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent Sablesportsllc.com performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
Termination
Sablesportsllc.com reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Sablesportsllc.com Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Sablesportsllc.com, with or without notice for any reason or no reason in its sole discretion, including without limitation if Sablesportsllc.com should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored," competitive, or third-party site. Upon termination, Sablesportsllc.com shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
You understand and agree that, following any termination of any individual's use of the Site or the Services, Sablesportsllc.com has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual's registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
Privacy
Sablesportsllc.com uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.
Links To External Sites
Links from the Site to external sites (including external sites that are framed by Sablesportsllc.com) or inclusion of advertisements and other third-party content on the Site, do not constitute an endorsement by Sablesportsllc.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users' reference and convenience. Sablesportsllc.com does not control third-party sites or content, and is not responsible for them. Such sites and content are governed by their respective owners' terms of use and privacy policies, and not these Terms or Sablesportsllc.com's Privacy Policy.
Sablesportsllc.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Sablesportsllc.com harmless from any liability that may result from the use of links that may appear on the Site.
Payment And Refund Policy
In order to utilize some Sablesportsllc.com Services or product offerings, the user of such Services or product offerings must pay Sablesportsllc.com either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased. Notwithstanding the foregoing, for certain BCM who enroll in Sablesportsllc.com and receive access to a paid membership subscription through their employer, the related subscription fee is paid by their employer, and the student-athlete has no obligation to pay the automatically renewing subscription fee associated with such subscription so long as the subscription remains part of the employers work tool program.
0. 8.1 Billing and Payment
If you sign up for a Sablesportsllc.com paid membership subscription, or for a Service or product that includes a recurring fee, you agree to pay Sablesportsllc.com all charges associated with the subscription, Service, or product you choose, as described on the Site at the time you submit your payment information. You also authorize Sablesportsllc.com, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. Sablesportsllc.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize Sablesportsllc.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Sablesportsllc.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase.
1. 8.2 Automatic Subscription Renewal and Cancellation
ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.
FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AU
