Terms & Conditions
Xinteractive, Inc., and its corporate affiliates (“NDUR for Athletes," NDUR,” “NDUR,” or “we”) provide you with access to and use of our mobile application and any of its sub-domains (the “Site“) www.collegeinteractive.com, and the account, services, websites, applications, products, and networks found at or related to the Site (the “Service“). These terms of use (“Terms of Use” or “Terms“) govern your use of the Site, as well as the Service. Please read them carefully. By accessing the Site and/or Service, you acknowledge that you have read and understood these Terms and our Privacy Policy (and incorporated herein by reference) and agree to comply with them. If you register and create an account with us for certain Services (“User Account”), this Agreement includes and incorporates additional terms specific to those Services. Your use of the Service constitutes an agreement by you to abide by these terms, notices, and conditions. If you do not agree to all these Terms, you may not access or use our Site or Service.
The Site is offered and available only to users who are planning to participate in college athletics, are current college or university athletes (at any level or division including club sports and intramurals) in the United States, or alumni of college athletic teams. By using this Site, you represent and warrant that you are 17 years of age or older. If you are not 17 years of age or older, you must not access or use the Site.
The site can be made accessible to coaches and adminstrators upon request. Please submit your request via email to: supportteam@ndurforathletes.health. Note: at no time will a coach, adminsitrator or other staff member have access or visibility to Huddles (NDUR's anonymous peer to peer discussions)
AMENDMENTS & MODIFICATIONS
NDUR reserves the right to amend the information, services, and/or content of this Service. The information and materials contained in this Service, and the terms and conditions of the access to and use of such information and materials, are subject to change. In the event of a material change to this Agreement, a notice will be posted to the Service. If you use this Service after we post changes to the terms, you agree to accept the changed terms. NDUR expressly reserves the right to monitor any and all use of this Service.
The Site is offered and available only to users who are either current college or university athletes, in the United States, who are rostered on a NCAA or NAII varsity team, or alumni of NCAA/NAII athletic teams. By using this Site, you represent and warrant that you are 17 years of age or older. If you are not 17 years of age or older, you must not access or use the Site.
COMMUNICATIONS
By agreeing to the Terms and Conditions, you are granting NDUR, and its affiliates and partners, permission to communicate with you in the following ways: Push Notifications, Standard SMS Text Messages, Email, Direct Mail (USPS), and Phone.
MOBILE AND OTHER DEVICES
We currently provide our mobile services for FREE, but please be aware that your carrier’s normal rates and fees, such as text messaging, and data charges still apply.
OPT OUT RIGHTS
You can close your user account and stop all collection of information by the Site easily by uninstalling our mobile application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
CODE OF ETHICS
All members of the NDUR community are obligated to support each other at all times. It is your responsibility to maintain a positive and supportive environment for every student-athlete.
CODE OF CONDUCT & USER RESPONSIBILITY
It is up to every user of the NDUR application to act in a responsible manner and report misuse of the application, including the posting of objectionable content. In the event you identify misuse of the NDUR application, please report this to us by using the “Report Post” and "Report Comment" feature located in the application. All objectional content will be removed from the application within 24 hours, and any user deemed to have posted objectionable content will have all access to the application removed immediately.
USER CONDUCT
By using our Site and/or Service, you agree to comply with community guidelines that govern services and sites of this kind. Your further agree with the following specific guidelines that you will not:
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Post or transmit unsolicited emails, communications, advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
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Solicit personally identifying information or passwords from anyone for any reason;
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Post or transmit any personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
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Impersonate any person or entity, create a false identity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
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Register a User Account on behalf of an individual other than yourself, or register a User Account on behalf of any group or entity;
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Upload, post, transmit, share, or store any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or use the Site or Service in any other manner that could damage, disable, overburden or impair the Site;
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Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service or posted to the Site;
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Use automated scripts to collect information from or otherwise interact with the Service or the Site or harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or any other means;
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Use the Service or Site in any unlawful manner or upload, post, transmit, share, or store any content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
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Intimidate, “stalk,” or harass another; or
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Upload, post, transmit, share, or store any content that, in our sole judgment, may be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, racist, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
USER CONTENT
When using our Service, you may upload, post, create, transmit, or share content or data not otherwise prohibited by these Terms (“User Content“). You are solely responsible for your User Content, and represent and warrant that by submitting your User Content you will not be infringing on any other person’s copyright, trademark, trade secret or other proprietary or intellectual property rights, including privacy and publicity rights. You further agree not to post, transmit, or share any content on the Site or Service that would infringe or violate the rights of third-parties. You acknowledge and warrant that any Third Party Content and Third Party Sites (as those terms are defined below), or links thereto or therefrom, which you post on the Site is subject to, and will fully comply with, our Terms of Use. In addition, you understand and agree that we may, but are not obligated to, review the Site and your User Content, including pre-screening, and may delete or remove (without notice) any User Content for any reason, including, without limitation, if we believes, in our sole discretion, it violates these Terms of Use, might be offensive or illegal, or could violate the rights, harm, or threaten the safety of users or others. You are solely responsible, at your own cost and expense, for creating backup copies and replacing any User Content you post or store on the Site or provide to us. You shall retain all ownership rights in and to your User Content. Notwithstanding the foregoing, when you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content in the Site. By posting User Content to any part of the Site, you automatically grant, and represent and warrant that you have the right to grant, to NDUR a worldwide, non-exclusive, royalty-free, sublicenseable, transferable, perpetual and non-revocable license to use, reproduce, distribute, prepare derivative works of, and display the User Content in connection with the Site and Service, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels, in each case subject to our Privacy Policy. You also hereby grant each other user a non-exclusive license to access your User Content through the Site or Service, and to use, reproduce, distribute, and display such User Content, as permitted through the functionality of the Site and in accordance with these Terms of Use and our Privacy Policy. You may remove your User Content from the Site at any time, but you understand that NDUR may retain, and continue to display or distribute copies of such User Content.
THIRD PARTY CONTENT/SITES
The Site may include Third-Party Content, links to it, and/or links to Third Party Sites. “Third Party Content” means content belonging to, or originating from, third parties, and “Third Party Sites” means third-party websites that are not owned or controlled by NDUR. All Third-Party Content made available to you on the Site is provided “as is”, and solely for your information and personal, non-commercial use. From time to time, we may post Third Party Content on the Site for which we receive payment or other consideration from a third party. When that happens, such Third Party Content may be, but is not required to be, identified as “Sponsored.” Third-party content may not be copied, reproduced, distributed, or otherwise exploited in any manner other than as intended by the normal functionality of the Site and Service. Some of the services or functionality on the Site may be provided by third parties on Third Party Sites. To access such services or functionality, you may be required to register on the Third Party Site. Such registration, if any, is separate from any registration on the Site and will be governed by the terms of the Third Party Site, including privacy and data gathering policies. You acknowledge that NDUR makes no representations and warranties concerning, and does not guarantee, the accuracy, integrity, or quality of any Third-Party Content or your or other’s User Content. NDUR expressly disclaims any and all liability in connection with User Content and Third-Party Content. You must evaluate and bear all risks associated with the use of any User Content and Third Party Content, including any reliance on its accuracy, completeness, or usefulness. You further acknowledge and agree that NDUR has no liability for the services or functionality provided on any Third Party Sites, including without limitation the security of payment or other transactions, notwithstanding that, in some instances, such Third Party Sites may incorporate Ci trademarks, logos, or other identifying materials. You further acknowledge and agree that NDUR has no control over and assumes no responsibility for the content, privacy policies, practices, products, or services of any Third Party Sites, including Third Party Content contained on such Third Party Sites.
LIMITED LICENSE
Except for User Content and Third-Party Content, all content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, video and other files, and their selection and arrangement together with the trademarks, service marks and logos contained therein (the “Site Content“), is owned by or licensed to NDUR, with all rights reserved, and is subject to and protected by copyright and other intellectual property rights under law. The Site Content is provided to you “as is” for your information and personal, non-commercial use only. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without NDUR’s prior written permission, in each instance, or in connection with the share function provided by NDUR on the Site. To the extent NDUR has such rights in the Site Content, you are granted a limited, revocable, non-transferable license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content (excluding any software code) to which you have properly gained access solely for your information and personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. The aforementioned license does not include the use of any data mining, robots, or similar data gathering or extraction methods and is revocable by NDUR at any time, without notice, and with or without cause. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of NDUR is strictly prohibited and will terminate the rights and licenses granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
MOBILE SERVICES
NDUR may offer services that are available via your mobile phone, including without limitation the ability to upload content to the Site, blog post, and send and receive messages, instant messages, location information, data transactions and other types of communications that may be developed for the Site (collectively “Mobile Services“). Your mobile carrier’s normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all mobile carriers or devices. By using any Mobile Services, you agree that we may communicate with you through your mobile device regarding NDUR, the Service and the Site and other entities, by SMS, MMS, text message, push message or other electronic means and that certain information about your usage of the Mobile Services may be communicated to us.
COPYRIGHT
Copyright Notice — The contents of this Service (including, but not limited to, text, photographs, graphics, video, and audio content) is protected under the United States copyright laws. You agree to abide by all copyright notices and/or restrictions contained in this Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. NDUR respects the intellectual property of others, and we ask our Users to do the same. It is our policy to respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA“) and other applicable laws. In NDUR’s sole discretion, we may remove content that may be infringing on another person’s intellectual property rights, with or without notice to the potential infringer. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification, but we are not liable for any failure to make such contact. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide a written notice of infringement containing the information specified below:
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An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
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A description of the copyrighted work or other intellectual property that you claim has been infringed;
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Description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
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Your physical address, telephone number, and email address;
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A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law and
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A statement by you affirming that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. To notify nDUR of copyright or other intellectual property infringement claims, write us at Copyright Agent, c/o nDUR, 4 Lanes End, Stoughton, MA 02072. You may also send an email to us at info@Collegeinteractive.com. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may be invalid. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you misrepresent that a product or activity is infringing your copyright.
MOBILE SERVICES
NDUR may offer services that are available via your mobile phone, including without limitation the ability to upload content to the Site, blog post, and send and receive messages, instant messages, location information, data transactions and other types of communications that may be developed for the Site (collectively “Mobile Services“). Your mobile carrier’s normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all mobile carriers or devices. By using any Mobile Services, you agree that we may communicate with you through your mobile device regarding NDUR, the Service and the Site and other entities, by SMS, MMS, text message, push message or other electronic means and that certain information about your usage of the Mobile Services may be communicated to us.
COPYRIGHT – COUNTER-NOTICE
If you believe the User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
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Your physical or electronic signature;
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Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
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A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the User Content;
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Your name, physical address, telephone number, and email address; and
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A statement that you consent to the jurisdiction of the federal and state courts in Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement. After we receive your counter-notice, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notice, it includes your personal information. By submitting a counter-notice, you consent to having your information revealed in this way. We will not forward the counter-notice to any party other than the original claimant unless required to do so by law. After we send the counter-notice, the claimant must then notify us within ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to User Content. If we receive such a notification, we will not restore the material. If we do not receive such notification, we may reinstate the material but are under no obligation to do so. Please note any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions“), provided by you to NDUR are not confidential and shall become the sole property of NDUR. NDUR shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
GENERAL PRACTICES
NDUR reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Site and/or Service (or any part thereof) with or without notice. NDUR may establish general practices and limits concerning use of the Site and/or Service, including without limitation the maximum number of days that postings or other uploaded User Content will be retained, the maximum disk space that will be allotted on NDUR’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site and/or Service in a given period of time. NDUR has no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Service. You understand that the technical processing and transmission of the Service, including your User Content, may involve:
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Transmissions over various networks; or
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Changes to conform and adapt to technical requirements of connecting networks or devices. NDUR reserves the right to log off accounts that are inactive for an extended period of time. You agree that NDUR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Service. You further acknowledge that NDUR reserves the right to modify these general practices and limits from time to time. You acknowledge, consent and agree that NDUR may access, preserve and disclose your User Account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
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Comply with legal process;
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Enforce the Terms of Use;
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Respond to claims that any content violates the rights of third parties;
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Respond to your requests for customer service;
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Effectively provide the Service to you; or
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Protect the rights, property or personal safety of NDUR, its users and the public. NDUR may terminate your User Account, delete your profile and any User Content or information that you have posted on the Site or through the Service and/or prohibit you from using or accessing the Service or the Site, or any portion thereof, for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation in the event NDUR has determined you are an offender of any of these Terms of Use.
GEOGRAPHICAL RESTRICTIONS
The owner of the Site is based in the state of Massachusetts in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMERS
Disclaimer of Warranties — This Service is available “as is”. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the data, news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. The Service is for information purposes only. If you are in need of or seeking professional support, please reach out to a licensed healthcare professional. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available through links in this Service.
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We reserve the right to correct any errors or omissions in this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features.
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WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. If you rely on this Service and any materials available through this Service, you do so solely at your own risk. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES, WORMS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
You acknowledge that NDUR has no control over and no duty to take any action regarding:
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Users who gain access to the Site or use the Services;
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Effects the content on the Site may have on you;
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Your interpretation or use of the content;
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Actions you may take as a result of having been exposed to the content; or
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The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. NDUR makes no representations concerning, and NDUR will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. You release NDUR from all liability for you having acquired or not acquired content through the Site or the Services. None of NDUR, its affiliates, subsidiaries or its or their officers, directors, employees or agents (collectively the “NDUR Parties“) guarantees or represents the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the site, including any content contained in our accessed through the site or service. None of the NDUR Parties warrant that this Site or the Service will be uninterrupted or error free, that any specific information that is requested will be provided or that this site or its server are or will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this Site and the accuracy, timeliness or completeness of the content or Services is assumed solely by you. The Service, content, and Site are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
INDEMNITY
The NDUR Site is not intended for use by individuals who are in crisis, suicidal, or otherwise pose a threat to themselves or others; NDUR does not warrant that: it will identify all Users in crisis; Users in crisis will respond to help and encouragement; and/or that any emergency intervention will be successful. Use of the NDUR site is at the User's sole risk. As the operator of the Site, NDUR's role is to provide an environment in which users can seek peer-to-peer and community support, and access self-assessment and self-management tools, as well as other relevant content. While NDUR may monitor activity on the Site, NDUR does not provide medical or mental health services to users, and is not licensed to do so in any particular jurisdiction;
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You agree to indemnify and hold all of the NDUR Parties harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Content you post or link to or any Third Party Sites you link to on the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of the Terms of Use or of any law or the rights of any third party.
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Members of the NDUR team, including Users, may post content to the Site, including content containing or linking to information sourced from third parties who are unknown to and not vetted by NDUR for Athletes. This information may or may not be reliable, truthful, accurate, or safe. NDUR reserves the right (but not the obligation) to remove inappropriate, inaccurate, or potentially harmful content and endeavors to do so, but does not warrant that the Site will be free of such content;
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LIMITATION OF LIABILITY IN NO EVENT WILL THE NDUR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions, the NDUR Parties’ liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with this site is to stop using this site. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
DISPUTE RESOLUTION/GOVERNING LAW
For any dispute you have with NDUR, you agree to first contact us at info@collegeinteractive.com and attempt to resolve the dispute with us informally. In the event that NDUR has not been able to resolve your dispute, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA. The arbitration shall take place in Massachusetts. By visiting or using the Site and/or the Service, you agree that the laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site or Service. For any such actions, we each agree to submit to the personal jurisdiction of the Massachusetts state and federal courts and waive any defenses of lack of personal jurisdiction and forum non conveniens. We each agree to waive any and all rights we may have to trial by jury.
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ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
EXPORT CONTROL
Any software or technology obtained from NDUR through the Service originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from us may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.
ADDITIONAL TERMS
In the event that any portion of these Terms of Use are held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intent, and the remainder of these Terms of Use and our Privacy Policy shall remain in full force and effect. All provisions of these Terms of Use that by their terms are reasonably expected to survive the termination of these Terms of Use shall survive such termination. These Terms of Use and our Privacy Policy contain the entire agreement concerning your use of this Site and the Service and supersedes all existing agreements and all other oral, written or other communication concerning its subject matter. You expressly absolve and release the NDUR Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign these Terms of Use. No waiver shall be effective unless in writing. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms of Use. If we have provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language version will govern.
CONTACT US
Contact us if you have any questions regarding Terms and Conditions while using the Site, or have questions about our practices.
Please contact us via email at: supportteam@ndurforathletes.health