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TERMS AND CONDITIONS

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE LOCATED AT WWW.LAX101.COM ON THE WORLD WIDE WEB TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (COLLECTIVELY, THE “SITE”) OF SPORTS FOUNDATION DEVELOPMENT, LLC. (“SFDEV”) AND ARE LEGALLY BINDING ON YOU.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE.  YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.  SFDEV MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. SFDEV WILL NOTIFY YOU OF SUCH CHANGE BY POSTING A CHANGE NOTICE WITH A LINK TO THE UPDATED TERMS OF USE ON THIS SITE AND/OR MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES.  IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE.  IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions

All information, documents, products, software, games and services provided on this Site, including trademarks, logos, graphics and images are provided to you by SFDEV or SFDEV’s licensors or partner entities, as applicable.

SFDEV grants you the limited right to display the Materials only on your personal computer, and to forward the Materials displayed on this Site, provided that: (1) both the SFDEV copyright notice (set forth below) and this permission notice appear in the Materials so displayed, forwarded or downloaded, (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media).  You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner.

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.  Although there is no charge for use of the Site or the Software at this time, SFDEV reserves the right to charge you a fee for such use in the future.

Third Party Content

Third parties may provide certain information and content to SFDEV (“Third Party Content”).  The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to additional or separate terms of use and/or privacy policies of such third parties as so designated.  SFDEV DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Credits ("Credits")

As part of your use of the Site, you may, from time to time, purchase Credits (“Credits”). These Credits enable you to communicate directly with a school/coach. Your account will provide a detailed history of all purchases of Credits (through our online store) and the deduction of those credits in relation to the activity of Expressing Interest in a school or coach. At the time of Expressing Interest (enacted by clicking the appropriate button or other interface element on a School profile), the appropriate number of credits will be deducted and notification of your desire to communicate with that school will be communicated to the user via the secure Site electronic messaging system accessible by registered users only. Each credit transaction (whether purchased via the online store or utilized to Express Interest) is recorded in the user’s account history that can be accessed after the user successfully logs in to the Site. Because Credits are purchased in pre-determined groups (“Packages”), Credits are non-refundable. Credits are also non-transferable.

Online Store (“Store”)

All transactions are carried out through the Site’s Web Store (“Store”). This is a standard online store through which user’s will be required to provide personal information (such as billing address and credit card information) in order to complete the transaction. In some cases, the actual processing of the transaction will be handled by mechanisms integrated directly in the Store. In other cases, depending upon the user’s selection, the transaction may be processed by a third-party system (such as PayPal). In either case, SFDEV shall not retain any financial information in any of its systems such as credit card numbers, billing address, etc. In addition, the Site shall employ security mechanisms such as SSL to provide protection, when possible, that prevents the unauthorized receipt of such sensitive financial information. Note that using the online store requires that the user be Registered with the Site.

Expressing Interest (“Expressing Interest”)

The mechanism by which a user communicates securely and privately to a coach regarding opportunities for recruitment and to gather information about a program or school is the “Express Interest” feature on the Site. This feature is available a Coach or School Profile. Once the user engages this feature (by clicking on a button or link) the appropriate number of credits will be deducted from the user’s account and they will be able to send one or more of the coaches at the school messages using the integrated messaging system on the Site.

Profiles (“Profiles”)

As part of using the Site, you may elect to load information about yourself that can be made available to others (“Profile”). This Profile may consist of information about your school achievements and standings, information about your athletic achievements and position, video, pictures, and other personally-identifiable information. The user can elect to share this information publicly (by indicating such) at which time the user will be provided a link that they can share. This link will make the user’s profile available to anyone who can access a URL through an Internet browser. The user may also elect to share that public link to their profile via other Site features including Facebook and Twitter integration.

Registration (“Registration”)

In order to utilize the Profile feature, purchase Credits, and Express Interest in a school or coach, the user must be registered. Registration may require the user to provide personal information such as email address. This information is never disclosed as part of the user’s Profile and is governed by the Site’s Privacy Policy.

Messaging (“Messaging”)

Communication between players and schools/coaches is carried out through a secure, private messaging system that is accessible by only under the following circumstances: 1) the user and coach are registered, 2) the user and coach have created a profile, 3) the player has Expressed Interest in the coach and paid the appropriate number of Credits OR the coach has searched for a player and initiated communication. The secure messages sent between coach and player are not accessible by anyone else other than the sender and recipient. A player sending messages to a coach does not guarantee that a coach will respond nor does SFDEV warranty any such guarantee and, as such, Credits will never be refunded to a player who has Expressed Interest in a coach that has not responded to a message.

No Framing

You agree not to reproduce, transmit, display, distribute, “frame” or “mirror” any Materials on this Site on any other server or Internet-based device without the advance written authorization of SFDEV or its licensors, respectively.

Links To Third Party Sites

This Site may provide links to other Web sites or resources over which SFDEV does not have control ("External Web sites").  Such links do not constitute an endorsement by SFDEV of those External Web sites.  You acknowledge that SFDEV is providing these links to you only as a convenience, and further agree that SFDEV is not responsible for the content of such External Web sites.  Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Privacy Policy

Your use of the Site is governed by the SFDEV Privacy Policy that is available at http://www.lax101.com/privacy-policy (the “Privacy Policy”).

Password Restricted Areas of this Site

You will need to register for a password to login to this Site or to use the Software and other functions and areas within this Site.  You are responsible for maintaining the confidentiality of your password and account, and agree to notify SFDEV if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.  You are responsible for all activities that occur under your account.  You agree to immediately notify SFDEV of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

Submissions

Part of the features offered through the Site may include posting testimonials and or other information that is shared with other users. You acknowledge that you are responsible for the information and material that you upload, post or submit to the Site, and that you, and not SFDEV, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright.  Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis.  You agree that SFDEV shall be free to use or disseminate a Submission on an unrestricted basis for any purpose and if you submit Submissions to the Site, you grant SFDEV a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission, provided, that SFDEV agrees to use any personally identifiable information included in your Submissions in accordance with SFDEV’s Privacy Policy.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to SFDEV set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

Posting Etiquette

SFDEV asks that you respect our on-line community and other individuals.  When submitting Submissions to or otherwise using the Site and/or the services, you agree not to:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Impersonate or represent SFDEV, our staff or other industry professionals.

• Solicit a member’s password or other account information.

• Harvest user names, addresses, or email addresses for any purpose.

• Use racially, ethnically, or otherwise offensive language.Incite illegal activity.

• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

This list of prohibitions is an example and is not complete or exclusive.  These prohibitions do not require SFDEV to monitor or remove any Submissions or other information submitted by you or any other user.  SFDEV reserves the right to disable and/or remove any specific content, and/or to terminate your access to your account, your ability to access and post to the Site or to receive the services with or without cause and with or without notice, or for any action that SFDEV determines is inappropriate or disruptive to the Site, services or to any other user of the Site and/or services.  You hereby agree to waive any claims against SFDEV and its affiliates, contractors, agents and employees for losses, damages and injuries for which are based on or relate to communications or materials made available to the Site or posted on the Site by persons other than SFDEV.  SFDEV may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at SFDEV’s discretion, SFDEV will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site.

Unauthorized Activities

Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.  You agree to indemnify and hold SFDEV and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) SFDEV or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.  You acknowledge that SFDEV may terminate your account and access to the Site or terminate certain features of the Site or of your mobile portals at any time, in its sole discretion.

Trademarks and Copyrights

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of SFDEV or others used on this Site are the property of SFDEV or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of SFDEV or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks.  All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of SPORTS FOUNDATION DEVELOPMENT, LLC., Copyright © 2007 unless otherwise specified.  All rights not expressly granted herein are reserved.  Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Copyright Agents

SFDEV respects the intellectual property of others, and we ask you to do the same.  SFDEV may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site or Restricted Areas of the Site to users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and appears on our Site, please provide SFDEV’s copyright agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on the Site where the material that you claim is infringing is located;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

SFDEV’s agent for notice of claims of copyright infringement on this Site can be reached as follows:

By mail:

By phone:

(___) ___-____

By e-mail:

Indemnification

You agree to defend, indemnify and hold harmless SFDEV and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site or breach of these Terms.

Disclaimer of Warranty

You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials.  You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by SFDEV, and agree that SFDEV does not warrant the accuracy or timeliness of the Materials and further agree that SFDEV has no liability for any errors or omissions in the Materials, whether provided by SFDEV or its licensors.

SFDEV, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE SOFTWARE AND ANY THIRD PARTY CONTENT.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SOFTWARE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

Limitation of Liability

NEITHER SFDEV NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF SFDEV WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

General

SFDEV controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States.  If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials.  These Terms will be governed by New York law and United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.  You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Garden City, New York.  If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.  The failure of SFDEV to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SFDEV in writing.  The Terms comprises the entire agreement between you and SFDEV and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein