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If you have any questions or comments about this Terms of Use Agreement, you may contact the Company by emailing us at This Terms of Use Agreement (the “Agreement”) is a legal agreement that governs our relationship with users and others that interact with HeatCheck Group LLC, a Texas limited liability company, and its affiliates (the “Company”, “we,” “our”, or “us”) in connection with the use of our websites (including (the “Sites”) and our Services (as defined below). We currently make services, products and features available through our Sites, applications, which may include Mobile Software (as defined in Section 13) and other platforms, and other downloadable products (the Sites, the applications, the downloadable products and all products, services and features provided by us in connection therewith shall be referred to collectively as, the “Services”). We may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated.

We also reserve the right to cease offering any of the Services. You agree that we shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services. Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement or will be presented or accessible to you by us when you sign up to use, or use, such Services (“Additional Terms”). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise. All visitors to or users of our Sites or Services, whether registered or not, are “users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member”. This Agreement and any policy or guideline of the Services may be modified by us in our sole discretion at any time. We shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised Agreement to the Sites. When we change the Agreement, we will update the “last revised” date at the top of this page. If you are a non-subscribing user or Member at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Site or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change or modification, unless otherwise indicated, this Agreement will continue to govern your membership until such time that your subscription is renewed (if you renew it or subscribe for an additional term).renews as contemplated by Section 12. If you continue your subscription, the renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the revised Agreement. As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.

1. ELECTRONIC RECORDS Because the Services are provided electronically, you must consent to our providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that we may be required to provide to you. Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account (you may change the email address associated with your account by going to the “settings” page). You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above. In order for you to access and retain Electronic Records sent by us, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the Company website and the ability to receive and read emails. To print the Electronic Records, you will also need a printer. You may withdraw your consent to receive Electronic Records by contacting us in writing at the email address provided above. However, the Services provided by us are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that we may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.

2. ELIGIBILITY By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old or, if you are under 18, you are at least 13 years old and have your parent’s or legal guardian’s permission to use the Service; (b) you have not previously been suspended or removed from the Services; (c) you or, if you are under 18, your parent or legal guardian, has the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and (d) you are not a competitor of us and are not using the Services for reasons that are in competition with us or other than for its intended purpose. If you are under 18, please have your parent or legal guardian read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to the terms of this Agreement and responsible for your child’s activity on the Services. In addition, using the Service as a Member will require you to accurately and fully complete our [HeatCheck Questionnaire]certain questions regarding your sports and athletic background so that our HeatCheck Algorithm TM can properly function and seek compatible potential college athletic programs. The Services may not be able to provide any potentially compatible suggestions to users who have not accurately and fully completed provided the [HeatCheck Questionnaire].relevant information in response to such questions.

3. USE OF THE SERVICES You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. Use of the Services is void where prohibited. a. Member Account. You will create only one unique profile for use of the Services. You understand and agree that anyone may be able to view any information you choose to make publicly available. b. Account Security. You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services (as defined in Section 12 below). You agree (a) to immediately notify us if you suspect any unauthorized use of your username or password or any other breach of security, (b) to ensure that you exit from your account at the end of each session, (c) not to use the account, profile, username or password of any other user or Member and (d) to 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. You acknowledge that we are not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently. c. Exclusive Use. You will only use the Services for your sole, personal use. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity. d. Interactions with Other Users. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including any virtual or in-person meetings. We do not make any representations, warranties or guarantees as to the conduct of users, information provided by users, or their or their programs’ compatibility with you. You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. You agree to treat all other individuals and organizations with whom you correspond using the Services with dignity and respect and comply with our user conduct rules set forth in Section 3(f) below. e. No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent. f. User Conduct. We are not responsible or liable in any manner for the conduct of our users, whether or not such conduct is in connection with the use of the Site or the Services.

YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Services or the users thereof: i. use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others; ii. engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct; iii. use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user’s use of the Services; iv. attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; v. impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity; vi. make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect; vii. defraud, swindle or deceive other users of the Services; viii. disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes; ix. solicit or engage in gambling or any similar activity or any illegal or unlawful activity; x. use any scripts, bots or other automated technology to scrape or access the Services or take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; xi. use the Service for any phishing, trolling or similar activities; xii. use the Service to redirect users to other sites or encourage users to visit other sites; xii. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e- mail or communications, unsolicited commercial e-mail or communications or other spamming or spimming activities; xiv. attempt to access any Services or area of the Sites that you are not authorized to access; xv. bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; xvi. use another user’s account or permit or allow other people or third parties to access and use the Services via your account; or xvii. upload invalid data, viruses, worms, or other software agents through the Services. g. Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by sending an email to h. Verification and Enforcement. Although we do not routinely conduct criminal screenings of our users, you agree that we have the right to do so at our sole discretion, and you consent to such screening and agree to provide to us complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if the Company believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, the Company may, among other things, investigate, take legal action against you and/or terminate your account and cancel your subscription and/or membership.

4. USER CONTENT a. Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to us through the Services or to other users, including without limitation messages, data, text, photos, video, music, graphics, links or other materials provided via profile information (your submissions and those of other users, collectively, are “User Content”), as well as via chat messages, community pages, email messages and mobile messages. The Company does not control, take responsibility for or assume liability for any User Content posted or provided by you or any third party, or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK. b. Accuracy of Information. You will not submit any inaccurate, misleading, incomplete or false information or User Content to us or to any other user. If information you have provided subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. You may be required to supply certain information and post a photo of yourself to use the Services. c. No Duty to Review User Content. Although you understand and acknowledge that the Company has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by you or others, you agree that the Company may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. d. License of User Content to the Company. The Company claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting User Content, you hereby grant, and you represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors an irrevocable, perpetual, non- exclusive, transferable, fully paid, royalty-free, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify, distribute, publish, list information regarding, translate, and syndicate such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that your User Content will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. By submitting User Content, you hereby release the Company and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content. e. Use of Proprietary Information of Others. You will not submit, post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted. f. Prohibited Content. You will not submit, transmit or deliver, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other Company policy governing your use of the Services (“Prohibited Content”). Prohibited Content includes without limitation User Content that: i. is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal; ii. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; iii. is intended to, or does, harass, or intimidate any other user or third party; iv. may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others’ copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first; v. contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone’s right of privacy or publicity; vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs; vii. violates someone’s data privacy or data protection rights; viii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; ix. contains any advertising, fundraising or promotional content; or x. is, in the sole judgment of the Company, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes the Company or its users to harm or liability of any type. g. Submissions. Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to the Company and our Services (collectively, “Submissions”). Submissions, whether posted to the Services or provided to the Company by email or otherwise, are non-confidential and shall become the sole property of the Company. You hereby assign to the Company all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. The Company shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. h. Social Networking Sites. If we currently or in the future offer use of our Services through a third- party social networking or similar site or mobile or other application, such as Facebook, Google, TikTok or Twitter (a “Social Networking Site”), and you have enabled the use of our Services through any such Social Networking Site, then you permit the Company to access certain information about you that is made available to the Company through or from that Social Networking Site. The information obtained by the Company varies by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age range or birthday, language, location, country, interests, contacts list, friends lists or followers and other information. By accessing or using our Services through a Social Networking Site, you are authorizing the Company to collect, store, retain and use, in accordance with our Privacy Policy, any and all of your information that the Company has obtained from the Social Networking Site, including to create a Company profile page and account for you. Depending on the Social Networking Site and your privacy settings, the Company may also post information to your Social Networking Site. Your agreement to the foregoing takes place when you “accept” or “allow” or “go to” (or other similar terms) our application on a Social Networking Site or the transfer of information to the Company from such site. If there is information about your “friends” or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that the Company is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about the Company that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services. You may also unlink your Social Networking Site account from the Services by adjusting your settings on the Social Networking Site.

5. PRIVACY Please refer to our Privacy Policy for information about how the Company collects, uses, stores and discloses personally identifiable information from its users. You understand and agree that if you submit or use our messaging features to send any content, information or material of a personal or private nature or submit to the Company any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States or any other country in which we process your data or make the Services available. You also consent to receive emails from us in connection with the use or promotion of the Services.

6. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, Company logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of the Company. You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to access and use the Services as permitted by the features of the Services, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so; (ii) “frame” or “mirror” any part of the Services, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to the Company or the Services in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Services; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (vii) use any automated methods or processes to create user accounts or access the Services or (viii) use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as expressly authorized herein, without the prior written consent of the Company, is strictly prohibited and will violate and terminate the license 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 this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The Company reserves all rights not expressly granted herein in the Services and the Proprietary Materials. This license is revocable at any time.

7. REPEAT INFRINGER POLICY If you become aware of any violation of any intellectual property laws (in particular in respect of User Content) you should report this to us by contacting us at EMAIL.ADDRESS.COM,, including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content. The Company reserves the right to terminate, in its sole discretion, users who are deemed to be repeat infringers. The Company may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. TRADEMARKS “HeatCheck Recruiting”, the Company’s logos and any other trade name or slogan contained in the Services are trademarks or service marks of the Company, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

9. HYPERLINKS You are granted a limited, freely revocable, non-exclusive right to create a text hyperlink to the Company websites for noncommercial purposes, provided such link does not portray the Company or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the Company’s logo or proprietary graphics to link to any Company website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without the Company’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Company or any third party. The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of any third-party websites that may be accessible by hyperlink from the Services. Such sites are not under the control of the Company and the Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. If the Company provides these links to you, it does so only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Company of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services. You understand and agree that you access any such third-party sites and services at your own risk.

10. THIRD PARTY CONTENT The Company may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. The Company does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

11. ADVERTISERS AND OTHER THIRD PARTIES The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. The Company is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that the Company shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.

12. PAID SERVICES a. General. If you purchase any Services that we offer for a fee (the “Paid Services”), such as a subscription to our Services, you authorize the Company and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation any periodic fees for ongoing subscriptions (the “Subscription Fees”) as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at the Company’s sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice (except as otherwise described in this Section 12). b. Payment Method. The Company may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. You authorize the Company to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the “Payment Method”) and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non- termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method. c. Automatic Renewal of Subscriptions.


13. GOOGLE API. HeatCheck’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.