Terms
These Terms and Conditions (“Terms”) create a legally binding agreement between you and the College Sports Commission (“CSC”) governing your use of the NIL Go platform (“Platform”). By accessing or otherwise using the Platform, you hereby agree to be bound by these Terms. If you do not agree to these Terms, please do not access or otherwise use the Platform.
Your account is for your personal use only and you are responsible for all activity associated with your account. You agree you (i) are the only person authorized to access and use your account, (ii) will protect against wrongful access to and use of your account; and (iii) will not share or transfer your account or account credentials or otherwise permit anyone else to access or use your account.
Subject to your compliance with the Terms, CSC hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform. CSC reserves the right to terminate the foregoing license for any reason, including breach of these Terms. CSC reserves the right to change, suspend, discontinue or terminate any part of the Platform or limit the availability of features, content and other information thereof, at any time and with or without notice. You agree that we will not be liable to you or to any third party for any change, suspension, discontinuance or termination of the Platform or any part thereof.
The rights granted you pursuant to these Terms are subject to the following restrictions: (i) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Platform without the express written consent of CSC, (ii) you shall not modify, make derivative works of, disassemble, decipher, reverse compile or reverse engineer or otherwise attempt to derive the source code for any part of the Platform; and (iii) you shall not access the Platform in order to build a similar or competitive platform or service or download, copy or collect content or other information for the benefit of a third party; (iv) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content of the Platform without the express written consent of CSC; (v) you shall not create a false identity, misrepresent your identity or create an account for anyone other than yourself or use or attempt to use anyone else’s account; and (vi) you shall not use the platform to do anything unlawful, misleading, discriminatory or fraudulent.
As between you and CSC, you own any information that you submit to the Platform and hereby grant to CSC a perpetual, worldwide, transferable, sublicensable (via multiple tiers), non-exclusive, royalty-free, fully-paid up license and right to use, copy, display, modify, distribute, publicly perform, create derivative works of, host, process and otherwise exploit such information. You represent and warrant that all information you disclose on the Platform is current, truthful, and complete, that you have all the rights to disclose such information, and that such information does not violate applicable laws or any third-party rights (including intellectual property rights). You are solely responsible for, and assume all risks associated with the use of, the data you provide, including the content and accuracy and completeness thereof. You may not state or imply that your data is in any way provided, sponsored or endorsed by CSC. You acknowledge that CSC is not obligated to backup any of your data, and CSC makes no representation or warranty that it will do so, and you agree that CSC may delete such data at any time.
You acknowledge that the Platform, and all intellectual property rights therein, are owned by CSC or its licensors, and neither the limited license granted to you in these Terms, nor the provision by CSC of the Platform, shall transfer to you or any third party any right, title or interest in or to the foregoing. CSC reserves all rights not granted in these Terms.
You acknowledge that CSC will treat any feedback, communications, or suggestions you provide to CSC (“Feedback”) as non-confidential and non-proprietary. Feedback shall become CSC's property and CSC shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and its derivatives and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge that the Platform is intended for the purpose of evaluating and enforcing rules applicable to Name, Image and Likeness (“NIL”) deals between you and third parties (“Deals”) by determining whether these Deals (i) contain a valid business purpose, and (ii) offer compensation at rates and terms commensurate with similarly situated individuals. You acknowledge that the Platform is not intended for any other purpose and is not offering guidance on the legality of a Deal. You are not permitted to use the site in any manner other than interacting with the functionality offered to end users on the site itself. Any other uses, such as data mining or data scraping or otherwise developing, supporting or using software, devices, scripts, robots or any other similar means or processes, are impermissible.
You acknowledge that your profile, and any data you submit to the Platform, may be accessed by authorized users, including but not limited to Platform operators, administrators, enforcers, investigators and arbitrators. For more information about personal data that may be collected through the Platform and how such data may otherwise be processed, please refer to the CSC Privacy Policy.
You hereby authorize the Platform to store the full history of any actions taken by you or on your behalf in connection with the Platform, including but not limited to deal information entered into the Platform, and consent to CSC using information submitted to the Platform to inform changes to the Platform itself, in each case subject to the CSC Privacy Policy.
You acknowledge that information submitted the Platform may be verified and/or added to or otherwise modified by authorized users, including but not limited to Platform operators, administrators, arbitrators, and Platform users who are staff members at NCAA Division I institutions or entities owned or controlled by NCAA Division I institutions (“Institution Users”). Such actions that may be taken include, but are not limited to, verifying third-party payors of Deals and providing such payors' association status with the applicable institution.
CSC may partner with third parties in connection with the Platform. In using the Platform, you also agree to any applicable terms required by such third parties. For more information on disclosure of personal information to third-parties, please refer to the CSC Privacy Policy.
Terms specific to Student-Athlete Users. If you are accessing the Platform as a Platform user who competes on or will compete on a NCAA Division I athletic team (“Student-Athlete User”), you agree to the following additional terms:
You are required to submit all Deals valued at or above $600.00. If you have multiple Deals with the same or substantially the same payor, you must disclose those Deals if the aggregate value of such Deals is at or above $600.00. This applies to the full term of your eligibility for college athletics.
You acknowledge that incomplete, inaccurate, untimely or submission of false or misleading information regarding Deals may result in penalties imposed by CSC that include but are not limited to loss of eligibility.
Terms specific to Institution Users. If you are accessing the platform as an Institution User, you agree to the following additional terms:
You acknowledge that you are responsible for providing the association status for all payors that are entering into or have entered into Deals with student-athletes at your institution. While other individuals, including those directly employed by the payor, may provide information to aid in determining associated status, you and your institution are ultimately responsible for the information provided regarding associated status and will be liable for any adverse consequences that arise from the failure to provide complete and accurate information regarding the association status of payors.
CSC MAKES NO REPRESENTATION OR WARRANTY ABOUT THE PLATFORM AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. THE PLATFORM IS BEING PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CSC DISCLAIMS ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CSC DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CSC OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. ACCESS TO, AND USE OF, THE WEBSITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU PAID US IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE CSC FROM AND AGAINST, AND, TO THE EXTENT NOT PROHIBITED BY THE LAWS OF YOUR STATE COVENANT NOT TO SUE CSC FOR, ALL CLAIMS YOU HAVE OR MAY HAVE THAT ARE EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISE OUT OF THESE TERMS OR ANY INTERACTIONS WITH OR CONDUCT OF OTHER PLATFORM USERS OR THIRD PARTY WEBSITES OR PLATFORMS.
To the extent not prohibited by the laws of your state,you agree to indemnify, defend (subject to the below) and hold harmless CSC, its representatives, officers, employees, designees, agents, and successors, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Platform, (ii) your data or (iii) your violation of these Terms. You agree to promptly notify us of any such third party claims. CSC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with CSC's defense or settlement of these claims. You agree not to settle any matter without our prior written consent. CSC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
AGREEMENT TO ARBITRATE. TO THE EXTENT NOT PROHIBITED BY THE LAWS OF YOUR STATE, YOU AGREE THAT: (I) ALL DISPUTES CONCERNING ANY DETERMINATION MADE BY CSC WILL BE SUBJECT TO THE ARBITRATION PROCESS SET FORTH PURSUANT TO THE SETTLEMENT AGREEMENT; (II) THIS ARBITRATION PROCESS WILL BE THE SOLE RECOURSE AVAILABLE TO YOU TO CHALLENGE ANY DETERMINATION; (III) YOU WILL NOT HAVE THE RIGHT TO LITIGATE THIS DISPUTE IN COURT, HAVE A JURY TRIAL ON YOUR CLAIM OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING; AND (IV) OTHER RIGHTS THAT YOU MAY HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION; AND (V) THIS ARBITRATION PROCESS WILL BE CONCLUSIVE, FINAL, BINDING AND NON-APPEALABLE.
To the extent not prohibited by the laws of your state, these Terms shall be governed by the laws of the state of Delaware, without regard to its conflicts of laws rules.
Subject to this sentence, these Terms will remain in full force and effect while you use the Platform. CSC may (i) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Platform in violation of this Agreement. Upon termination of these Terms, your account and right to access and use the Platform will terminate immediately. CSC will not have any liability whatsoever to you for any termination of these Terms, including for termination of your account or deletion of your data. The provisions of these Terms that on their face are intended to survive termination shall remain in effect.
These Terms may be updated at any time. If required by applicable law or if there are any material changes to these Terms, we will provide you notice through the Platform or by other means. These changes will be effective immediately. Continued use of the Platform following notice of such changes shall mean that you acknowledge and agree to be bound by such changes.