NOCAP Sports Terms of Service

Welcome to our website. This website is maintained as a service to our customers. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.

  1. Agreement. This Terms of Use agreement (the “Terms of Use”) specifies the terms and conditions for access to and use of www.nocapsports.io (the “Website”) and describes the terms and conditions applicable to your access of and use of the Website. The Terms of Use may be modified at any time by NOCAP Sports, Inc. (“NOCAP Sports”) upon posting of the modified Terms of Use. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.nocapsports.io. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms of Use.
  2. Privacy. When using our Website, you shall be subject to any posted policies, guidelines or rules applicable to use of the Website and any service provided by the Website, including, but not limited to, our Privacy Policy and Social Fabric Terms of Service for social media connections. All such policies, guidelines and rules are hereby incorporated by reference into the Terms of Use. Please review our Privacy Policy at www.nocapsports.io. and Social Fabric Terms of Service at https://beta.socialfabric.us/terms_of_service?external=true

    When NOCAP Sports is requested to discuss any deals that are completed on NOCAP or disclosed through NOCAP, NOCAP can confirm an athlete or business deal occurred, which may include using an athlete’s NIL to confirm the completed deal, unless an athlete requests NOCAP not to ([email protected]). If the media or any source requests more information than whether a deal occurred, NOCAP will direct the media to contact the athlete and/or business involved if they want more information.

  3. Ownership. All content included on this Website, including but not limited to advertisements or information presented to you through any service or advertisers, is and shall continue to be the property of NOCAP Sports or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website. Except as expressly authorized by NOCAP Sports or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any service or software, in whole or in part, included or used on the Website. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in the Terms of Use.
  4. Intended Audience. This Website is not intended for any children under the age of 13. YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE.
  5. Trademarks. You acknowledge NOCAP Sports’ exclusive rights in the NOCAP Sports’ trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Website are the property of NOCAP Sports or the party that provided such intellectual property to NOCAP Sports. NOCAP Sports and any party that provides intellectual property to NOCAP Sports retain all rights with respect to any of their respective intellectual property appearing on the Website, and no rights in such materials are transferred or assigned to you.
  6. Website Use. NOCAP Sports grants you a limited, revocable, nonexclusive license to use the Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You 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. You agree 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.
  7. Deal Process. After an athlete negotiates a deal, then it is automatically sent to the school to review and either “Acknowledge Disclosure” or “Flag Disclosure.” The school has up to seven days to acknowledge disclosure or flag disclosure of a deal. If the school does not act within seven days then the athlete can proceed forward with the deal, if they confirm that their school received the deal disclosure.

    After the school acknowledges disclosure (or does not act within seven days and the athlete confirms the school received the disclosure), then the athlete is able to move forward to execute the deal. NOCAP Sports will process the payment from the business and save the disclosure form to the athlete and school accounts as pdfs. As soon as the athlete reports that they have completed the job duties then the money will be distributed to the athlete’s account.

    If an athlete’s school does not activate their NOCAP account then before proceeding to finalize a deal, the athlete is able to confirm that they disclosed the deal to their school as required by any school policy or state law.

  8. Disputes. If an athlete, business, or any other user has a dispute about a transaction or deal processed on NOCAP Sports, the dispute must be handled externally between the athlete, business, and other involved parties. All parties agree to act in good faith to try and remedy the dispute. NOCAP Sports is not responsible for any disputes between the transacting parties or arising from deals processed on NOCAP Sports, therefore, all disputes must be handled externally without involving NOCAP.
  9. 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 or continuing to operate as an account on NOCAP Sports, you agree to be bound by the Stripe Services Agreement, as the same 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 NOCAP Sports accurate and complete information about you and your business, and you authorize NOCAP Sports to share it and transaction information related to your use of the payment processing services provided by Stripe.
  10. Receiving Payouts. Set up your bank account to receive payouts. In order for you to receive funds, Stripe (or your platform) makes payouts to your bank account.

    Payout availability depends on a number of factors such as the industry and country you’re operating in, and the risks involved. When you start processing live payments from your customers with Stripe, you won’t receive your first payout until 7–14 days after receiving your first successful payment. The first payout usually takes a little longer in order to establish the Stripe account. Processing subsequent payouts then happens according to your account’s payout schedule.

    When a payment is first received, it’s initially reflected as a pending balance (less any Stripe fees). This balance becomes available according to your payout schedule. For instance, it takes seven calendar days from a payment being received to it being paid out 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.

  11. Required Disbursement. After the close of a deal and payment is disbursed to the athlete’s NOCAP account, the athlete has 30 days to send their money to their linked bank account. After 30 days, NOCAP Sports may move the money to another account for safety purposes and the athlete must request it from NOCAP Sports’ customer service ([email protected]) After 60 days from the time payment was disbursed to the athlete’s account, if the money has not been requested or sent to a bank account then it is forfeited to NOCAP Sports. There will be notifications sent to the athlete to avoid this situation, but money cannot just sit for months due to safety and security reasons.
  12. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
  13. Indemnification. You agree to indemnify and hold NOCAP Sports, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of the Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from the Website.
  14. Disclaimer. THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS WEBSITE 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. 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.
  15. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL NOCAP SPORTS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, USE OF THE WEBSITE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL USE OF THE WEBSITE.

    You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in the Terms of Use that directly conflict with such laws may not apply to you.

  16. 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.
  17. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Designated Agent, denoted below:
    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. Your address, telephone number, and e-mail address;
    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.

    Our Designated Agent for Notice of claims of copyright infringement on the Website is Nick Lord, who can be reached as follows:

    By Mail: 1930 E Arizona St, Philadelphia, Pennsylvania 19125, US

    By Phone: 717-330-2795

    By E-mail: [email protected]

  18. Applicable Law. If there is any dispute about or involving the Website or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You also agree to personal and exclusive jurisdiction by and venue in the state and federal courts located in Philadelphia County, Pennsylvania.
  19. Severability. If any provision of the 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 the Terms of Use will otherwise remain in full force and effect.
  20. Waiver. The failure of NOCAP Sports to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by NOCAP Sports must be in writing and signed by an authorized representative of NOCAP Sports.
  21. Modification and Termination of the Website. NOCAP Sports reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any service provided by the Website (or any part thereof) with or without notice, for any reason. You agree that NOCAP Sports will not be liable to you or any third party for any modification, suspension or discontinuance of the Website or any service.
  22. Relationship of the Parties. Nothing contained in the Terms of Use or your use 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.
  23. Acknowledgment Section. All users affirm that they have read and understand the applicable policies, rules, and laws related to the use of an athlete’s name, image, or likeness. All users affirm that all relationships comply with the applicable school policies, NCAA rules, and all applicable federal, state, and local laws. All users affirm that no institutional staff member, business, or individual made any promise of benefits related to any NIL activity as a recruiting inducement to enroll or remain at any institution.
  24. Entire Agreement. The Terms of Use constitutes the entire agreement between you and NOCAP Sports and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NOCAP Sports with respect to this Website. Notwithstanding the foregoing, you 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 you use the Website. NOCAP Sports may revise the Terms of Use at any time by updating the Terms of Use and posting it on the Website. Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of the Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
  25. Contact Information.

    If you have any questions regarding these Terms of Use, please contact us at [email protected]