Terms of Use
NOCAP Sports Terms of Use
Last modified: October 25, 2024
Welcome to our website, www.nocapsports.io (the “Website”). The Website is maintained by NOCAP Sports, Inc. (“NOCAP Sports” or “NOCAP”) as a service to our users. NOCAP’s mission is to give every athlete—regardless of school, sport, level or background—equal access to first class technology and resources to maximize their name, image and likeness. By using the Website, you accept and agree to be bound by the following terms and conditions of use (these “Terms of Use”). Please review these Terms of Use carefully. If you do not agree to these Terms of Use, you must not use the Website.
1. General. These Terms of Use specify the terms and conditions for access to and use of the Website, including the terms and conditions applicable to the use of the Website by an athlete (an “Athlete”), brand (a “Brand”), or school (each Athlete, Brand and school that uses the Website is referred to herein as a “User” or “you”).
2. Privacy; Consent to Communications. All personal information NOCAP collects through the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by NOCAP with respect to any personal information that you provide through the Website in compliance with these Terms of Use and our Privacy Policy. You hereby consent to receiving communications in any form from NOCAP in connection with the Website, including but not limited to the following: mail, in-app push notifications, electronic mail, telephone (landline or wireless) and text message (e.g., SMS and/or MMS communications). You hereby consent to receiving electronic communications from NOCAP in connection with the Website, including the NOCAP newsletter, deal offers, deal updates, electronic surveys, industry news, and NOCAP updates. Furthermore, you hereby consent to receiving calls or text messages from NOCAP in connection with the Website, including those made to wireless telephone numbers that are automatically dialed and/or include pre-recorded messages. Users are automatically opted-in to receive communications in any form from NOCAP by providing their contact information through the Website. Users may opt-out of these communications through NOCAP’s platform at any time.
When NOCAP Sports is requested to discuss any deals between Users that are completed through NOCAP or disclosed through NOCAP, you agree that NOCAP can confirm that a deal occurred, which may include using an athlete’s name, image and/or likeness (“NIL”) to confirm the completed deal, unless an athlete specifically requests that NOCAP not do so by email to NOCAP at info@nocapsports.io, which request NOCAP will honor after it has been received and verified by NOCAP. If the media or any other third party requests more information than whether a deal occurred, you agree that NOCAP may, but is not obligated to, direct the media or such other third party to contact the athlete and/or business involved if they want more information.
Users agree that NOCAP may add publicly available information to the User’s profile on the Website, including but not limited to social media handles and related content that are publicly available.
3. Accessing the Website; Account Security. Each User’s account can have up to five (5) administrators or employees with logins to that User’s account and who may manage that account on the User’s behalf. NOCAP reserves the right to withdraw or change the Website, and any services or materials we provide on or through the Website, temporarily or permanently, at any time in our sole discretion with or without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. You agree that NOCAP will not be liable to you or any third party for any modification, suspension or discontinuance of the Website or any service. From time to time, we may restrict access to portions of the Website, or the entire Website, to some or all Users. We have no obligation to provide you with any technical support in connection with your use or attempted use of the Website.
To access the Website, or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as strictly confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any portion of the Website using your account or security information. You may not share your account with any other User, regardless of whether you and that User maintain a shared brand or legal entity. You agree to notify us immediately upon becoming aware of any unauthorized access to or use of your account or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to reassign and/or disable any account or security information, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you may have violated any provision of these Terms of Use. We also have the right to merge or disable any duplicate account created, whether intentionally or unintentionally, by a User at any time in our sole discretion.
4. Subscriptions. Users are eligible to sign up for a subscription account that provides a set of Website features at a specific annual price, billed monthly (a “Subscription”). To become an authorized representative (a “Subscriber”) of a Subscription, Users will be asked to provide certain registration details or other information to create an account. A Subscription enables Subscriber to communicate and transact with Athletes seeking sponsorship opportunities. A Subscription allows the User’s account to have five (5) administrators or employees with logins to the User’s account. Subscribers can offer sponsorship opportunities by creating campaigns and sending proposals that, when accepted by Athletes, create Deals. As a Subscriber, you agree to:
● The initial one (1) year term following the Subscription’s Effective Date (the “Initial Term”) and an automatic renewal of your Subscription every year immediately following the Initial Term (a “Renewal Period”) and each subsequent Renewal Period.
● Pay the Initial Term and each subsequent Renewal Period for your Subscription, starting on the Subscription’s Effective Date (a “Billing Cycle”) in full each month. Subscriptions are annual commitments, billed monthly. See https://nocapsports.io/pricing/ for current pricing information.
● Provide written notice of non-renewal or termination by canceling the Subscription within the Website. After providing such written notice of non-renewal or termination, you will not be charged future Billing Cycles but will maintain an active Subscription and be responsible for the remaining monthly payments through the end of your then-current Billing Cycle. For example, if you cancel your annual Subscription after one (1) month, you will still be responsible for paying the monthly Subscription fees for the remaining eleven (11) months of the Billing Cycle.
● Maintain a valid and NOCAP accepted method of payment on file with NOCAP and authorize NOCAP to charge monthly payments throughout each Billing Cycle. In the event a payment is not successfully paid to NOCAP, Subscriber shall remain responsible for any uncollected amounts and agrees that NOCAP may suspend its access to the Website.
● Pay a three (3) percent processing fee on each payout on every individual deal, unless otherwise specified in writing, in addition to the transaction fee applicable to your Subscription plan.
● NOCAP’s right to make changes to the timing of your Billing Cycle, Subscription payments or applicable charges, at the end of your Initial Term or then-current Renewal Term, upon thirty (30) days prior notice to you.
● A Subscriber has a limited, revocable, nonexclusive, non-transferrable right and license to access and use the Website solely for Subscriber’s own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
● NOCAP also reserves the right to make any changes to the Website in any manner and to deny or terminate Subscriber’s access to the Website, even if Subscriber has a Subscription, in NOCAP’s sole discretion.
5. Ownership. The Website and all content included on the Website, including but not limited to advertisements or information presented to Users through any service or advertisers but excluding User Contributions, are and shall continue to be the property of NOCAP Sports or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law, as applicable. Under no circumstances will User acquire any ownership rights or other interest in any content by or through the use of the Website. Except as expressly authorized by NOCAP Sports, Users agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, service or software, in whole or in part, included or used on the Website. Any copying, redistribution, use or publication by User of any such content, service or software not expressly permitted in these Terms of Use is prohibited and may violate copyright, trademark and other laws.
6. Intended Audience. This Website is not intended for any children under the age of 13. ALL USERS MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE.
7. Trademarks. The NOCAP and NOCAP Sports name(s), logo(s) and all related names, logos, product and service names, designs and slogans are trademarks of NOCAP or its affiliates or licensors. You must not use such marks without the prior written permission of NOCAP. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
8. Use of Intellectual Property for Promotional Purposes. As a User, you acknowledge and approve of the use of your intellectual property (specifically, logos, name, images, and likeness) by NOCAP Sports, solely for the purpose of promoting and marketing the Website (including, without limitation, your interest in prospective deals sourced through the Website) and NOCAP’s services on NOCAP’s digital platforms. By activating a school’s NOCAP account and agreeing to the Terms of Use, the school gives NOCAP the right to use its intellectual property to create a school-branded marketplace and to display the school’s logo(s) on the Website.
9. Website Use. NOCAP Sports grants User a limited, revocable, nonexclusive license to use the Website solely for their own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. User may not use any service provided by the Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of NOCAP Sports. User agrees not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law.
The use of this Website is at the discretion of NOCAP Sports and NOCAP Sports may terminate your use of this Website at any time. If a User requests their account to be deleted, NOCAP Sports will deactivate the User, flag the account as deleted, and remove the User’s phone and email address. However, each User acknowledges and agrees that certain deal information and relevant personal data must be retained by NOCAP Sports as long as it is necessary to comply with any contractual, legal, regulatory, and/or ethical obligations.
10. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
● in any way that violates applicable federal, state, or local law or regulation (including, without limitation, any laws regarding the exporting of data or software to and from the United States) or violates or infringes the rights of any third party;
● for the purposes of exploiting, threatening, or harming, or attempting to exploit, threaten, or harm, any person;
● to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms of Use;
● to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", or "spam" or any other similar solicitation;
● to impersonate or attempt to impersonate NOCAP, a NOCAP employee, another User, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
● to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or which may harm NOCAP or other Users or expose us or them to liability, each as determined by NOCAP in our sole discretion;
● in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including any other party's ability to engage in real time activities through the Website;
● in conjunction with any robot, spider, or other automatic device, process or means to access the Website for any purposes, including monitoring, copying, or harvesting any of the material on the Website;
● to introduce any viruses, trojan horses, worms, logic bombs, or other material to the Website which is malicious or technologically harmful; or
● to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server(s) on which the Website and any related data is stored, or any server, computer, or database connected to the Website.
11. User Contributions. The Website may contain personal profiles and other interactive features (collectively, "Interactive Services") that allow Users to provide content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out below in these Terms of Use under the heading, "Content Standards." Any User Contribution you provide using the Website that is not personal information will be considered non-confidential and non-proprietary, unless otherwise specifically noted by NOCAP. Any User Contribution you provide using the Website that is personal information will be subject to our Privacy Policy. By providing any User Contributions on the Website, you grant NOCAP and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in order to provide our services to you.
Each User that provides User Contributions on or through the Website represents and warrants that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to NOCAP and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (b) All of your User Contributions do and will comply with these Terms of Use. User understands and acknowledges that User is responsible for any User Contributions you submit or contribute, and you, not NOCAP, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. NOCAP will not be responsible, nor liable to any third party, for the content or accuracy of any User Contributions provided by any User. Users should exercise common sense and their best judgment when providing User Contributions using the Website.
NOCAP has the right to: (a) remove or refuse to accept any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate, in our sole discretion, including if we believe that any such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any User or the public, or could create liability for NOCAP or any third party; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or privacy rights; (d) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or (e) terminate or suspend your access to all or any part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.
NOCAP may not review all material before it is transmitted through the Website, and NOCAP cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, NOCAP assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party on or through the Website, including, without limitation, any User Contributions.
12. Content Standards. These content standards apply to any and all User Contributions and use of the Website. User Contributions must comply with all applicable federal, state, and local laws and regulations in all respects. Without limiting the foregoing, User Contributions must not, in NOCAP’s sole discretion:
● contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
● promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
● infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity;
● violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use;
● be likely to deceive any person;
● promote any illegal activity, or advocate, promote, or assist any unlawful act;
● cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
● impersonate any person or misrepresent your identity or affiliation with any person or organization; or
● give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
13. Deals. In the event that an Athlete and a Brand wish to enter into a deal facilitated by NOCAP, the Athlete and the Brand must enter into a separate written agreement to formalize the deal. As a convenience to Users, NOCAP provides a standard form of Deal Terms and Conditions that may be used for deals negotiated through NOCAP. The Deal Terms and Conditions form is provided as a mere convenience to Users. Users are not obligated to use the Deal Terms and Conditions and may enter into an agreement other than that standard Deal Terms and Conditions (an “Alternative Agreement”). Notwithstanding the fact that Users may enter into an Alternative Agreement, each User agrees that the terms of any such Alternative Agreement that it enters into shall not conflict with (a) the deal terms negotiated through NOCAP (the “Proposed Deal”) or (b) these Terms of Use, and in the event of any such conflict the terms of the Proposed Deal and/or these Terms of Use, as applicable, shall govern (For example, if an Athlete accepts a deal on NOCAP that has terms stating it is non-exclusive, the Alternative Agreement for that deal cannot stipulate an exclusive deal.). Further, each Brand agrees that it shall not circumvent NOCAP in entering into any agreement with Athletes it contacts through the Website. By entering into an agreement through NOCAP, the Athlete and Brand agree electronically to be bound by the terms of that agreement.
Neither NOCAP nor the Website provides any advice, including, without limitation, legal or financial advice. We encourage you to obtain independent legal advice from a licensed attorney prior to entering into any agreement with a third party.
As customary in the influencer marketing industry, an Athlete may be compensated additional amounts above and beyond the agreed-upon compensation at the discretion of the Brand during and after a deal is completed as enhanced compensation for exceeding expectations related to the deal. For example, driving leads or sales through affiliate links, royalty payments based on sales, “rush fee” for completing tasks quickly, and other reasons that are solely related to the Athlete’s work.
14. Deal Process. If an Athlete’s school activates its NOCAP account, then, each time an Athlete negotiates a deal with a Brand using NOCAP, a description of the Proposed Deal will be automatically sent to the school, where applicable, through the Website for the school to review and either “Acknowledge Disclosure” or “Flag Disclosure.” Each Athlete and Brand hereby consents to the disclosure of any such Proposed Deal terms to the Athlete’s school as described herein. The school may have up to seven calendar days to acknowledge disclosure or flag disclosure of a Proposed Deal. If the school does not acknowledge disclosure or flag disclosure within seven calendar days or the Athlete confirms to NOCAP satisfaction that the school received deal disclosure, the Athlete can proceed forward with the deal.
If an Athlete’s school does not activate its NOCAP account, then the athlete must confirm (to NOCAP’s satisfaction) that the Athlete disclosed the deal to their school as required by any school policy or applicable law. If an Athlete’s school does not activate its NOCAP account but does want to receive information relevant to Proposed Deal disclosures, then Users agree that if the school provides NOCAP with a secure email address then NOCAP may send the relevant Proposed Deal disclosure information to the school as an encrypted email attachment. The Athlete’s school agrees that any disclosures or data relating to any Athlete deal, whether proposed or executed, may be shared only for internal purposes or if required by law.
After the school acknowledges disclosure, as applicable, the Athlete is able to move forward to execute the deal. NOCAP Sports will process the payment from the Brand and save the disclosure form to the Athlete’s account and, if applicable, the school’s accounts. As soon as the Athlete and/or Brand submits the agreed-upon proof of fulfillment that the Athlete has completed the tasks associated with the deal and NOCAP receives full payment from the Brand, the funds will be distributed to the Athlete’s account. If the Athlete submits proof of fulfillment and the Brand does not approve the proof of fulfillment within 5 calendar days, then NOCAP Sports may distribute the agreed upon funds to the Athlete for the submitted work.
After signing the deal, the Brand may modify tasks only if the Athlete approves the changes, which will not be unreasonably withheld. Such changes may include but are not limited to modifying a due date, live date, post date, hashtags, account tags, collaborators, files, instructions, pictures, expectations, and/or paid partnership label.
The Platform allows the Brand to cancel any task for which the Athlete has not submitted any work by the agreed upon deadline. If the Athlete has submitted any work for a task, then the Brand may not cancel that task, but the Platform still allows the Brand to cancel the deal. In the event that the Athlete has submitted proof of fulfillment for a canceled deal, the Brand must provide the Athlete with a partial payment in proportion to the work completed. If the Brand does not approve the proof of fulfillment within 5 calendar days, then NOCAP Sports may distribute the agreed upon funds to the Athlete for the partial work. NOCAP is not responsible in the event that the Brand cancels the deal or refuses to fulfill a payment. Any disputes arising from or relating a partial payment or a violation of a contract from Brand canceling a task or deal must be handled off the platform between the Athlete and Brand.
15. Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. NOCAP has no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites.
16. Disputes. If any User has a dispute about a transaction or deal processed through the Website or otherwise involving NOCAP, the dispute must be handled externally between the Users and any other parties involved. All parties agree to act in good faith to try to promptly resolve the dispute. NOCAP Sports is not responsible for any disputes between Users or arising from deals processed on the Website, therefore, all such disputes must be handled externally without involving NOCAP, and each User agrees to indemnify NOCAP in connection with any such dispute as described in further detail in Section 19 (Indemnification”) below.
17. Payments. Payment processing services for an account on NOCAP Sports are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Use or continuing to operate an account with NOCAP Sports, you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of NOCAP Sports enabling payment processing services through Stripe, you agree to provide accurate and complete information to NOCAP Sports, Stripe and other Users, and you authorize NOCAP Sports to share transaction information related to your use of the payment processing services provided by Stripe with Stripe.
18. Receiving Payouts. In order for a User to receive funds, Stripe (or the Website) makes payouts to your bank account. Therefore, you must have a bank account available to engage in such transactions to receive funds.
Payout availability depends on a number of factors such as the industry and country the User is operating in, and the risks involved. When a User starts processing live payments with Stripe, the User will not receive their first payout until approximately 7–14 calendar days after receiving their first successful deal payment. The first payout usually takes longer in order to establish the Stripe account. Processing subsequent payouts then happens according to the account’s payout schedule.
When a payment is first received by NOCAP, it is initially reflected as a pending balance (less any Stripe fees) on the Website. This balance becomes available according to the User’s payout schedule. For instance, it takes 7 calendar days from a payment being received to it being paid out to the User for Stripe accounts on a 7 calendar day schedule. Most banks deposit payouts into your bank account as soon as they receive them, though some may take a few extra days to make them available. NOCAP is not responsible for the acts or omissions of any third party, including any bank involved in processing payments in connection with the Website.
19. Compliance with Laws. User agrees to comply with all applicable federal, state, and local laws and regulations related to the use of the Website. User further agrees that information provided by the User is truthful and accurate to the best of their knowledge.
20. Indemnification. User agrees to indemnify and hold harmless NOCAP, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against third party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys' fees) arising out of or relating to User’s violation of these Terms of Use User’s use of the Service and any User Contributions, including, but not limited to and any dispute between you and any other User.
21. Disclaimer. THE INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND YOUR INTERACTIONS WITH ANY OTHER USERS IS AT YOUR SOLE RISK. NOCAP SPORTS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER NOCAP NOR ANYONE ASSOCIATED WITH NOCAP REPRESENTS OR WARRANTS THAT THE WEBSITE AND ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NOCAP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, INCLUDING OTHER USERS OF THE WEBSITE, AND YOU HEREBY RELEASE NOCAP, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS OR DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTY (INCLUDING OTHER USERS OF THE WEBSITE).
YOU UNDERSTAND AND AGREE THAT NOCAP CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. NOCAP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY SITE LINKED TO THE WEBSITE.
TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
22. Limitation of Liability. IN NO EVENT WILL NOCAP, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, OR MANAGERS 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 WEBSITE, ANY SITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER SITES, INCLUDING, WITHOUT LIMITATION, 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, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, HOWEVER, IN NO EVENT WILL NOCAP’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION RELATED TO THE WEBSITE OR THESE TERMS OF USE EXCEED ONE HUNDRED US DOLLARS ($100). YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS 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.
23. Force Majeure. NOCAP is not responsible for any delay or prevention of NOCAP performing its obligations hereunder if it is the result of events beyond our reasonable control, including without limitation acts of God, war, governmental actions or orders, epidemics, riots, terrorism, strikes, labor shortages, fire, extreme weather, embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, or shortage of materials.
24. Use of Information. NOCAP Sports reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
25. Copyrights and Copyright Agent. It is NOCAP’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). In addition, NOCAP will promptly terminate without notice the accounts of those determined by NOCAP to be "repeat infringers." If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Website infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing NOCAP’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. § 512(c)(3) to confirm these requirements):
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Website;
4. Information reasonably sufficient to permit NOCAP to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. 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; and
6. 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.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Our Designated Agent for Notice of claims of copyright infringement on the Website can be reached as follows: Attention: Copyright Agent, NOCAP Sports, Inc., 1930 E Arizona St, Philadelphia, Pennsylvania 19125 or by email at info@nocapsports.io.
26. Applicable Law. All matters relating to the Website or these Terms of Use, and any dispute or claim about or involving the Website or these Terms of Use, shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions. Subject to the following sentence, User also agrees to personal and exclusive jurisdiction by the state and federal courts located in New Castle County, Delaware. If User is a public institution in a state that prohibits public institutions from agreeing to be bound by anything other than their state law, then the applicable law for disputes involving your institution shall be governed by the laws of your state.
27. Severability. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
28. Waiver. The failure of NOCAP Sports to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by NOCAP Sports must be in writing and signed by an authorized representative of NOCAP Sports.
29. Relationship of the Parties. Nothing contained in these Terms of Use or User’s utilization of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
30. Acknowledgment Section. All Users affirm that they have read and understand the applicable policies, rules, and laws related to the use of a college athlete’s name, image, and/or likeness. All Users affirm that all relationships between Users facilitated by NOCAP do and will continue to comply with all applicable school and league policies and federal, state, and local laws. All Athletes affirm that no institutional staff member, business (including any Brand), or individual made any promise of benefits related to any NIL activity as a recruiting inducement to enroll or remain at any institution.
31. Entire Agreement. These Terms of Use constitute the entire agreement between User and NOCAP Sports and governs the terms and conditions of the use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between User and NOCAP Sports with respect to the Website. Notwithstanding the foregoing, User may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when User utilizes the Website as further described on the Website from time to time.
32. Changes to these Terms of Use. NOCAP may revise and update these Terms of Use from time to time in its sole discretion. If NOCAP makes changes, NOCAP will notify you by revising the date at the top of these Terms of Use and, in some cases, NOCAP may provide you with additional notice (such as adding a statement to the Website or sending you an email notification). Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
33. Your Comments or Questions.
If you have any comment or questions regarding the Website or these Terms of Use, please contact us at info@nocapsports.io.