Terms & Conditions
The Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you are 13 years of age or older. If you are not 13 years of age or older, you must not access or use the Site.
AMENDMENTS & MODIFICATIONS
nDUR reserves the right to amend the information, services, and/or content of this Service. The information and materials contained in this Service, and the terms and conditions of the access to and use of such information and materials, are subject to change. In the event of a material change to this Agreement, a notice will be posted to the Service. If you use this Service after we post changes to the terms, you agree to accept the changed terms. NDUR expressly reserves the right to monitor any and all use of this Service.
In order to access certain features of the Service, you a must become a registered user of our Service (“Registered User“). Your user account may be created for you by your school, and you will be provided access, or you may create a User Account by registering with us directly through our mobile application, where you will be required to use your college provided email address with the suffix “.edu”, and password. By becoming a Registered User, you agree that we may store your log-in credentials. You are responsible for maintaining the confidentiality and security of your ID and password, and are fully responsible for all activities that occur through your User Account. You agree to notify us immediately of any breach of security or unauthorized use of your User Account, ID, or password. You further agree that all information you provide in registering for a User Account is accurate, current and complete, and you will keep such information up to date. We reserve the right to refuse to register or provide services to any person or entity for any reason, in our sole discretion.
By agreeing to the Terms and Conditions, you are granting nDUR, and its affiliates and partners, permission to communicate with you in the following ways: Push Notifications, Standard SMS Text Messages, Email, Direct Mail (USPS), and Phone.
Mobile and Other Devices
We currently provide our mobile services for FREE, but please be aware that your carrier’s normal rates and fees, such as text messaging, and data charges still apply.
What are my opt-out rights?
You can close your user account and stop all collection of information by the Site easily by uninstalling our mobile application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Code of Ethics
All members of the nDUR community are obligated to support each other at all times. It is your responsibility to maintain a positive and supportive environment for every student athlete.
CODE OF CONDUCT & USER RESPONSIBILITY
It is up to every user of the nDUR application to act in a responsible manner, and report misuse of the application. In the event you identify the misuse of the nDUR application, it is your obligation to report this to us by using the “Report Misuse” feature located in the application. If at any time you determine a fellow athlete using the application is at risk to themselves or others, it is also your responsibility to report this immediately by using the “Crisis Notification” feature in the application.
By using our Site and/or Service, you agree to comply with community guidelines that govern services and sites of this kind. Your further agree with the following specific guidelines, that you will not:
- Post or transmit unsolicited emails, communications, advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Solicit personally identifying information or passwords from anyone for any reason;
- Post or transmit any personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Impersonate any person or entity, create a false identity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; • Register a User Account on behalf of an individual other than yourself, or register a User Account on behalf of any group or entity;
- Upload, post, transmit, share, or store any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or use the Site or Service in any other manner that could damage, disable, over burden or impair the Site;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service or posted to the Site;
- Use automated scripts to collect information from or otherwise interact with the Service or the Site or harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or any other means;
- Use the Service or Site in any unlawful manner or upload, post, transmit, share, or store any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Intimidate, “stalk” or harass another; or
- Upload, post, transmit, share, or store any content that, in our sole judgment, may be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, racist, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
THIRD PARTY CONTENT/SITES
The Site may include Third-Party Content, or links to it, and/or links to Third Party Sites. “Third Party Content” means content belonging to, or originating from, third parties and “Third Party Sites” means third party websites that are not owned or controlled by NDUR. All Third-Party Content made available to you on the Site is provided “as is”, and solely for your information and personal, non-commercial use. From time to time we may post Third Party Content on the Site for which we receive payment or other consideration from a third party. When that happens, such Third Party Content may be, but is not required to be, identified as “Sponsored.” Third-Party Content may not be copied, reproduced, distributed, or otherwise exploited in any manner, other than as intended by the normal functionality of the Site and Service. Some of the services or functionality on the Site may be provided by third parties on Third Party Sites. To access such services or functionality you may be required to register on the Third Party Site. Such registration, if any, is separate from any registration on the Site, and will be governed by the terms of the Third Party Site, including privacy and data gathering policies. You acknowledge that nDUR makes no representations and warranties concerning, and, does not guarantee the accuracy, integrity or quality of any Third-Party Content or your or other’s User Content. NDUR expressly disclaims any and all liability in connection with User Content and Third-Party Content. You must evaluate, and bear all risks associated with, the use of any User Content and Third Party Content, including any reliance on its accuracy, completeness, or usefulness. You further acknowledge and agree that NDUR has no liability for the services or functionality provided on any Third Party Sites, including without limitation the security of payment or other transactions, notwithstanding that, in some instances, such Third Party Sites may incorporate Ci trademarks, logos or other identifying materials. You further acknowledge and agree that NDUR has no control over, and assumes no responsibility for, the content, privacy policies, practices, products or services of any Third Party Sites, including Third Party Content contained on such Third Party Sites.
nDUR may offer services that are available via your mobile phone, including without limitation the ability to upload content to the Site, blog post, and send and receive messages, instant messages, location information, data transactions and other types of communications that may be developed for the Site (collectively “Mobile Services“). Your mobile carrier’s normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all mobile carriers or devices. By using any Mobile Services, you agree that we may communicate with you through your mobile device regarding NDUR, the Service and the Site and other entities, by SMS, MMS, text message, push message or other electronic means and that certain information about your usage of the Mobile Services may be communicated to us.
Copyright Notice — The contents of this Service (including, but not limited to text, photographs, graphics, video and audio content) is protected under the copyright laws of the United States. You agree to abide by all copyright notices and/or restrictions contained in this Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. nDUR respects the intellectual property of others, and we ask our Users to do the same. It is our policy to respond to clear notices of alleged copyright infringement, in accordance with the Digital Millennium Copyright Act (“DMCA“) and other applicable law. In nDUR’s sole discretion, we may remove content that may be infringing on another person’s intellectual property rights, with or without notice to the potential infringer. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification, but we are not liable for any failure to make such contact. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide a written notice of infringement containing the information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- Description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- Your physical address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you affirming that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. To notify nDUR of claims of copyright or other intellectual property infringement, write us at: Copyright Agent, c/o nDUR, 4 Lanes End, Stoughton, MA 02072. You may also send an email to us at info@Collegeinteractive.com You acknowledge that if you fail to comply with all of the requirements of this section your notice may be invalid. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you misrepresent that a product or activity is infringing your copyrights.
COPYRIGHT – COUNTER-NOTICE
If you believe the User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
- Your physical or electronic signature; • Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the User Content; • Your name, physical address, telephone number, and email address; and
- A statement that you consent to the jurisdiction of the federal and state courts in Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. After we receive your counter-notice, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notice, it includes your personal information. By submitting a counter-notice, you consent to having your information revealed in this way. We will not forward the counter-notice to any party other than the original claimant, unless required to do so by law. After we send the counter-notice, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to User Content. If we receive such notification we will not restore the material. If we do not receive such notification, we may reinstate the material, but are under no obligation to do so. Please note any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
The NDUR logo and nDUR logo are trademarks of Xinteractive Inc.. nDUR TM, NDUR TM, NDUR, and other NDUR graphics, logos, designs, page headers, button icons, scripts and service names are either registered trademarks, trademarks or trade dress of NDUR in the U.S. and/or other countries. NDUR’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NDUR. Accordingly, nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks and service marks displayed on this Site, without NDUR’s prior written permission in each instance. This site also refers to certain third-party trademarks, including those that follow. Apple and Mac OS are registered trademarks and Safari is a trademark of Apple Computer Inc. Facebook, Twitter, Instagram, and YouTube are all registered trademarks of their respective companies. Other product, company, college and university names and logos may be trademarks of their respective owners.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions“), provided by you to NDUR are not confidential and shall become the sole property of NDUR. NDUR shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
NDUR reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Site and/or Service (or any part thereof) with or without notice. NDUR may establish general practices and limits concerning use of the Site and/or Service, including without limitation the maximum number of days that postings or other uploaded User Content will be retained, the maximum disk space that will be allotted on NDUR’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site and/or Service in a given period of time. NDUR has no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Service. You understand that the technical processing and transmission of the Service, including your User Content, may involve:
- Transmissions over various networks; or
- Changes to conform and adapt to technical requirements of connecting networks or devices. NDUR reserves the right to log off accounts that are inactive for an extended period of time. You agree that NDUR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Service. You further acknowledge that NDUR reserves the right to modify these general practices and limits from time to time. You acknowledge, consent and agree that NDUR may access, preserve and disclose your User Account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- Comply with legal process;
- Respond to claims that any content violates the rights of third parties;
- Respond to your requests for customer service;
- Effectively provide the Service to you; or
The owner of the Site is based in the state of Massachusetts in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties — This Service is available “as is”. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the data, news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available through links in this Service. We reserve the right to correct any errors or omissions in this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. If you rely on this Service and any materials available through this Service, you do so solely at your own risk. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES, WORMS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
You acknowledge that NDUR has no control over and no duty to take any action regarding:
- Users who gain access to the Site or use the Services;
- Effects the content on the Site may have on you;
- Your interpretation or use of the content;
- Actions you may take as a result of having been exposed to the content; or
- The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. NDUR makes no representations concerning, and NDUR will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. You release NDUR from all liability for you having acquired or not acquired content through the Site or the Services. None of NDUR, its affiliates, subsidiaries or its or their officers, directors, employees or agents (collectively the “NDUR Parties“) guarantees or represents the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the site, including any content contained in our accessed through the site or service. None of the NDUR Parties warrant that this Site or the Service will be uninterrupted or error free, that any specific information that is requested will be provided or that this site or its server are or will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this Site and the accuracy, timeliness or completeness of the content or Services is assumed solely by you. The Service, content, and Site are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
LIMITATION OF LIABILITY IN NO EVENT WILL THE NDUR,, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS 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 SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING 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, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the NDUR Parties’ liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with this site is to stop using this site. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
DISPUTE RESOLUTION/GOVERNING LAW
Any software or technology obtained from NDUR through the Service originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from us may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.
Contact us if you have any questions regarding Terms and Conditions while using the Site, or have questions about our practices.
Please contact us via email at: email@example.com