BY USING ANY WEBSITES OR ELECTRONIC SERVICES OFFERED BY E11even Management (THE “SERVICES”), OR BY ELECTRONICALLY ACCEPTING BY CLICKING AN “I ACCEPT” BUTTON OR CHECKBOX IN THE REGISTRATION PAGES OF THE SERVICES, THE USER (THE “USER”) HEREBY AGREES TO THESE TERMS OF SERVICE (THE “TERMS”) AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE.
Provision of Services - Advisory
E11even Management agrees to provide the User with the features of any given listed service upon confirmation of payment for that given service.
Conduct and Content
The User is expected to use the Services in a responsible manner in accordance with the law. The User is responsible for the User’s conduct while on the site, as well as any content the User posts, distributes, transmits or solicits from others. The User will not use the Services in such a way as to distribute, link-to, transmit or solicit any content of any type that: (a) is unlawful, libelous, violates a contract, or regulation; (b) is obscene, harmful to minors, pornographic, invasive to another’s privacy, racist, unethical, or otherwise offensive; (c) advocates or solicits criminal behavior, violence or racism; (d) infringes on someone’s intellectual property rights, copyright, or other right; (e) constitutes unauthorized or unsolicited commercial communications such as bulk or SPAM email; (f) contains any computer code designed to disrupt, damage or impair any computer or network systems and software, such as viruses, trojans, back doors, or macros, whether or not any damage occurs; (g) surreptitiously intercepts, downloads, copies, detrimentally interferes with, damages, or expropriates any system, data, or personally identifying information; (h) defaces the web site or Services in any way; or (i) reveals the User’s account access information such as the User’s password or secret question. The User will comply with all applicable laws, regulations, and E11even Management policies regarding on-line conduct and content.
Additional Responsibilities – Eligibility
The User is solely responsible for ensuring that the User maintains NCAA, NAIA, CIS, CCAA eligibility through conduct connected to the services of E11even Management, as well as through all other activities.
Outcomes of Services – No guarantees
Except as specifically provided for in these Terms of Service, E11even Management makes no representations, warranties or conditions, express, statutory or implied, with respect to the provision of the Services to be provided by E11even Management hereunder. E11even Management expressly disclaims all other representations, warranties or conditions, including without limitation any implied or statutory warranties or conditions of merchantability, title, non-infringement or fitness for a particular purpose. E11even Management does not represent or warrant that following the provision of Services hereunder the User will be capable of achieving any particular result or results including, but not limited to, admission to a post-secondary institution or the securing of a scholarship. The User acknowledges and confirms that such results will ultimately be determined by individual merit.
Limitation of Liability
Notwithstanding anything contained in this Marketing Services Agreement, in no event whatsoever shall the E11even Management, its directors, officers, employees agents, subcontractors or affiliates, be liable for: (a) any cost, expense, loss, claim, damage or injury resulting from the wrongful acts; (b) any cost, expense, loss, claim, damage or injury resulting from any User; (c) any cost, expense, loss, claim, damage or injury resulting from loss or damage to or omissions or negligence of any Third Party, including without limitation Third Party suppliers and media providers; material that contains inaccurate or misleading information or statements of fact; any advertising, communications or other materials stored at the premises of any Third Party for or on behalf of the User; or of any kind, howsoever caused and whether in contract law, tort or otherwise; (d) any indirect, punitive, exemplary, aggravated, consequential or special damages.
Without limiting the scope of this section, the maximum total liability of the E11even Management, its directors, officers, employees, agents, subcontractors and affiliates, in respect to any claim whatsoever, under any circumstances, regardless of the cause of action and including without limitation claims for breach of contract, tort, negligence or otherwise, and the Client’s sole remedy therefore, shall be strictly limited to an award for direct, provable damages not to exceed the amount of compensation actually paid by the User to E11even Management hereunder.
Copyright and Intellectual Property
All content provided by E11even Management in connection with the Services is protected under copyright law and you will not reproduce, share, or distribute in any form, whether or not for commercial purposes, any part of the Services. Unless indicated otherwise, you may view, download, copy, and print E11even Management documents from the Services, as long as you use them for personal purposes only and do not post, share, distribute, modify, deface or remove copyright, trademark or other intellectual property ownership notices.
The User hereby grants to E11even Management and E11even Management accepts a non-exclusive, royalty-free, worldwide license to use the content posted by the User as desirable in order for E11even Management to provide the Services.