TERMS AND CONDITIONS OF USE

The Platform is operated by Firstpoint International Limited (“Firstpoint” / “We”/ “Us”). We are registered in England and Wales under company number 10043018 and have our registered office at 14th Floor, 111 Piccadilly, Manchester, England, M1 2HY.

These terms set out for Users (as defined below) the rules for using our website and platform: https://www.firstpointusa.com/dashboard (the “Platform”).  Please read these terms and conditions carefully before using the Platform.

1. DEFINITIONS
   
   “Authorised Coach” means a sports coach that Firstpoint has determined is affiliated, employed, engaged with or representing a College and has the authority to make an offer of scholarship to an Individual on behalf of that College, and “Authorised Coaches” shall be construed accordingly;
   
   “College” means a college or university based/located in the United States of America or Canada which competes under the governance of the NCAA, NAIA, or NJCAA as a sporting governing body, and “Colleges” shall be construed accordingly;
   
   Data Protection Legislation” means any applicable law relating to the Processing data, privacy and use of Personal Data including, without limitation:
   
   
   1. Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”); and
      
      
   2. the UK Data Protection Act 2018 and any other data protection laws amending, replacing or superseding the GDPR following any exit by the United Kingdom from the European Union;
      
      
   “Individual” means a person actively seeking collegiate athletic recruiting and related solutions from Firstpoint (or his/her parents and legal guardians where appropriate), and “Individuals” shall be construed accordingly;
   
   “NAIA” means National Association Intercollegiate Athletics;
   
   “NCAA” means the National Collegiate Athletic Association;
   
   “NJCAA” means the National Junior College Athletics Association; and,
   
   “Processing” means accessing, collecting, obtaining, recording, holding, disclosing, using, altering, deleting, erasing or destroying Personal Data, or carrying out any operation(s) on the Personal Data or as otherwise defined under applicable Data Protection Legislation (and “Process” and “Processed” shall be construed accordingly).
   
   
2. PLATFORM
   
   Subject to these terms and conditions, we hereby authorise Individuals and Authorised Coaches (collectively “Users”) to access and use the Platform for the provision and receipt of athletic recruiting and related solutions and services provided by Firstpoint.
   
   Before accessing the Platform, each Individual (or his/her parent or legal guardian, if the User is under 18 years of age), will be required to agree a Consent and Release form here.
   
   No User shall be less than 13 years of age.
   
   
3. ACCEPTANCE OF THESE TERMS
   
   By using our Platform, you confirm that you accept these terms of use and that you agree to comply with them.
   
   If you are accepting on behalf of another Individual, you represent and warrant that (i) you have full legal authority to bind the Individual to these terms of use; (ii) you have read and understand these terms of use; and (iii) you agree, on behalf of Individual, to these terms of use.
   
   If you do not agree to these terms of use, you must not use our Platform.
   
   We recommend that you print a copy of these terms for future reference.
   
   
4. OTHER APPLICABLE TERMS
   
   
   1. our Privacy Policy: (https://www.firstpointusa.com/information/privacy-policy/);
      
      
   2. our Cookie Policy: (https://www.firstpointusa.com/information/cookie-policy) which sets out information about the cookies on our Platform;
      
      
   3. any acceptable use policies, which we notify to you in writing or post on our Platform from time to time which set out the permitted uses and prohibited uses of our Platform; and
      
      
   4. where you purchase additional services from Firstpoint which are separate to the Platform, the additional terms and conditions which apply to those services which we will make available to you.
      
      
5. CHANGES TO THESE TERMS
   
   

   We amend these terms from time to time. Where we do so in a significant way, we will endeavour to make you aware through posting of a prominent notice on our Platform.  Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in December 2020.

6. CHANGES TO OUR PLATFORM
   
   We aim to update our Platform regularly and we reserve the right to update or remove content from time to time to reflect changes, or for business or operational reasons. The content of this Platform is subject to change without notice.

7. SUSPENSION / WITHDRAWAL OF OUR PLATFOR
   
   

   Our Platform is made available free of charge.

   We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw, or restrict the availability of, all or any part of our Platform for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

8. TRANSFER OF RIGHTS
   
   

   We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will endeavour to ensure that the transfer will not affect your rights under these terms of use.

9. YOUR ACCOUNT DETAILS
   
   

   You will be provided with a user identification code and password when you become a User, and you must treat these, and any other information provided as part of our security procedures, as confidential. You must not disclose them to any third party.

   We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

   If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us and change your details at the earliest opportunity.

10. MATERIAL ON OUR PLATFORM
    
    

    We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  Where you upload content to our Platform, you grant us an irrevocable, worldwide, royalty-free licence to use and copy such content for the purposes of delivery of the Platform and any additional services we offer.

    You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use or as otherwise permitted under the fair dealing provisions of the Copyright Designs and Patents Act 1988 (sections 28 to 30) (including for the purposes of viewing it on your computer, research for non-commercial purposes, private study, criticism, review and news reporting).

    You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

    You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors. Nothing in these terms and condition allows you to licence any of our intellectual property rights or those of a third party.

    If you print off, copy or download any part of our Platform in breach of these terms of use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11. INFORMATION ON THE PLATFORM
    
    

    The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.

    Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

12. THIRD PARTY LINKS
    
    

    Where our Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

    We have no control over the contents of those websites or resources.

13. USER-GENERATED CONTENT
    
    

    This Platform may include information and materials uploaded by other users of the Platform. This information and these materials have not been verified or approved by us. The views expressed by other users on our Platform do not represent our views or values.

    If you wish to link to or make any use of content on our Platform other than that set out above, please contact us at info@firstpointusa.com.

14. COMPLAINTS
    
    

    If you wish to complain about content uploaded by other users, please contact us at info@firstpointusa.com.

15. LIABILITY
    
    

    Whether you are an Individual or Authorised Coach:

    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

    If you have agreed to receive any additional services separate to the Platform, different limitations and exclusions of liability may apply, and these will be set out in the separate terms and conditions applying to those services, which will be made available to you.

    Please note that we only provide our Platform for domestic, private and educational use. You agree not to use our Platform for any commercial or business purposes.  We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it to the fullest extent permitted by applicable law.

    We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    1. use of, or inability to use, our Platform;
       
       
    2. use of or reliance on any content displayed on our Platform;
       
       
    3. loss of goodwill or reputation; or
       
       
    4. any indirect or consequential loss or damage whatsoever.
       
       
16. USE OF PERSONAL INFORMATION
    
    

    We will only Process Users’ personal information as set out in our Privacy Policy (https://www.firstpointusa.com/information/privacy-policy/)
    

    By accessing or using or Platform, Authorised Coaches warrant that they will comply with any obligations under Data Protection Legislation in respect of Processing of personal data relating to Individuals, and will have in place privacy policies at least as protective of Individuals’ personal data as our Privacy Policy linked above.

17. UPLOADING CONTENT TO OUR PLATFORM
    
    

    Where you make use of a feature that allows you to upload content to our Platform (including without limitation contact information and videos of Individual’s athletic performance), or to make contact with other users of our Platform, you must comply with any acceptable use policies, which we notify to you in writing or post on our Platform from time to time which set out the permitted uses and prohibited uses of our Platform.

    Any User in breach of such policies will indemnify and hold us harmless from any loss or damage resulting from such breach.

    We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards and rules set out in our acceptable use policies.

    You are solely responsible for securing and backing up your content.

18. VIRUSES AND MALWARE
    

    We do not guarantee that our Platform will be secure or free from bugs, viruses or other malware.

    You are responsible for configuring your information technology, computer programmes and systems to access our Platform. You should use your own virus protection software.

    You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

19. LINKING TO OUR PLATFORM
    
    

    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    You must not establish a link to our Platform in any website that is not owned by you.

    Our Platform must not be framed on any other website, nor may you create a link to any part of our Platform other than the home page.

    We reserve the right to withdraw linking permission without notice.

    The website in which you are linking must comply in all respects with the content standards set out in any acceptable use policies, which we notify to you in writing or post on our Platform from time to time which set out the permitted uses and prohibited uses of our Platform.

    If you wish to link to or make any use of content on our Platform other than that set out above, please contact us at info@firstpointusa.com.

20. GOVERNING LAW AND JURISDICTION
    
    

    Please note that these terms of use, their subject matter and their formation, are governed by English law. The courts of England and Wales will have exclusive jurisdiction.