These terms are the agreement between you and Go Division 1. Please read them. They include an arbitration clause and a class action waiver in section 15, which you can opt out of.
1. Accepting these terms
Go Division 1 is run by [LEGAL ENTITY NAME] (“Go D1”, “we”, “us”). By creating an account or using godivision1.com or the Prodigy Portal (together, the “Service”), you agree to these terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. Who can use it
The Service is for families, athletes, coaches and training facilities. A parent or legal guardian must create and own the family account. Athletes must be at least 9. Athletes 13 and older may have their own login under the family account. We do not allow accounts for anyone under 13, and a parent must set up and manage any athlete under 13. You must be at least 18 (or the age of majority where you live) to create a family or facility account. By creating an account you confirm you meet these rules and that the information you give is true.
3. Your account
Keep your password private and tell us right away if you think someone else has used it. You are responsible for what happens under your account. One person, one account. Facilities are responsible for the staff they invite and what those staff do.
4. Price
Go D1 is free. We do not charge families, athletes or facilities to use the Portal. If that ever changes, we will update these terms and tell you before anything is charged, and nothing is charged without you agreeing to it first.
5. Payments to facilities
Many families pay their training facility for memberships, sessions, camps and packages through the Portal. Those charges are made by the facility, using the facility's own Square or Stripe account. The facility, not Go D1, is the seller and the merchant of record. Prices, renewal, cancelling and refunds for those charges are set by the facility. Go D1 does not set those prices, does not receive that money, and is not responsible for a facility's services or billing. Take billing questions to the facility first. Facilities agree to tell families the price, renewal date and how to cancel before charging them, and to follow the law on recurring charges.
6. Your content and our license
You may add content such as athlete names, results, notes, photos, and links to film (“Your Content”). You keep ownership of it. You give Go D1 a worldwide, non-exclusive, royalty-free license to host, store, display and process Your Content only to run and improve the Service for you, including showing it to the people you or your facility choose, and on a public profile if a parent turns that on. The license ends when you delete the content or the account, except for backup copies and content others already received.
You promise that you have the right to upload Your Content, that it does not break anyone's rights or the law, and that you have a parent or guardian's permission for any content about a minor. Do not upload anything you do not want the people you share it with to see. We may remove content that breaks these terms.
7. Copyright complaints (DMCA)
We respond to notices of copyright infringement. If you believe something on the Service infringes your copyright, send our designated agent a written notice with: your name and contact details; a description of the work; where the material is on the Service (a link); a statement that you believe in good faith the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and you own or may act for the owner; and your signature.
Designated agent: [DMCA AGENT], [MAILING ADDRESS], info@godivisionone.com. If you believe your content was removed by mistake, you may send a counter-notice with the same kinds of details. We end the accounts of repeat infringers.
8. Acceptable use
Do not: break the law; harass, threaten or exploit anyone, especially a child; upload sexual, violent or hateful content; pretend to be someone else or enter false results as verified; scrape or copy the Service; probe, overload or break its security; use another person's account; contact minors through the Service in ways that are inappropriate or unrelated to coaching; or use the Service to send spam. We may suspend accounts that do.
9. Our property
The Service, the Go Division 1 name and D1 mark, and everything we create are owned by us or our licensors and are protected by law. We give you a limited, non-exclusive, non-transferable license to use the Service as these terms allow. Feedback you send us may be used by us without payment or credit.
10. What we do not promise
Go D1 is a development and tracking tool. We do not guarantee recruiting results, scholarships, roster spots, playing time, rankings or any outcome. We are not a recruiting service. Go Division 1 is not affiliated with, endorsed by, or connected to the NCAA, any college or any athletic conference. Information and guides on the site are general and may be out of date, so check current NCAA and school rules yourself.
Numbers are labeled by how they were measured: Unverified (entered by the athlete or family), C-Verified (checked by a coach at their facility) and GD1-Verified (measured by us on real equipment at our camp). The labels describe the source, not a promise that a number is accurate.
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a purpose and non-infringement, to the extent the law allows. Training involves physical activity and risk of injury. Consult a doctor and follow your coaches' instructions. Go D1 does not supervise training at facilities.
11. Limit of liability
To the extent the law allows, Go D1 and its owners, staff and partners are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or opportunities. Our total liability for any claim about the Service is limited to the greater of what you paid us in the 12 months before the claim or $100. Some places do not allow these limits, so they may not apply to you in full. Nothing here limits liability that cannot be limited by law.
12. If you cause a claim
You agree to defend and reimburse Go D1 against claims, losses and costs (including reasonable legal fees) that come from Your Content, your misuse of the Service, or your breach of these terms, except to the extent we caused them. A facility's indemnity covers its own staff, programs and charges to families.
13. Ending things
You can stop using the Service and delete your account at any time (email us until in-app deletion ships). We can suspend or end your access if you break these terms, put others at risk, or if the law requires. When an account ends, your right to use the Service ends and we handle your data as the Privacy Policy describes. Sections that by nature should survive (ownership, disclaimers, limits of liability, indemnity, arbitration) do.
14. Governing law
These terms are governed by the laws of the State of [GOVERNING STATE] and applicable federal law, without regard to conflict-of-laws rules. Except as section 15 provides, the state and federal courts located in [GOVERNING STATE] are the place for disputes.
15. Arbitration and class action waiver
Please read this section. It affects your rights. Most concerns can be solved by emailing info@godivisionone.com, and we will try to resolve them informally first (give us 30 days). If we cannot, you and Go D1 agree that any dispute about these terms or the Service will be decided by binding individual arbitration instead of in court, run by a recognized arbitration provider (such as the American Arbitration Association) under its consumer rules. The arbitrator applies these terms. Either side may bring an individual claim in small claims court instead. Either side may ask a court to stop infringement of intellectual property.
No class actions. You and Go D1 may bring claims only on an individual basis, not as a plaintiff or class member in any class, collective or representative action.
Opt out. You may opt out of arbitration and the class waiver within 30 days of first accepting these terms by emailing info@godivisionone.com with the subject “Arbitration opt-out” and your name and account email. If the class waiver is found unenforceable, the arbitration clause does not apply to that claim. This section does not apply to a minor's claims where the law forbids it, and it does not apply to disputes with a facility, which is a separate business.
16. Changes to these terms
We may update these terms. If a change matters, we will post it here, change the effective date, and email account holders. Using the Service after a change takes effect means you accept it. If you do not, stop using the Service and cancel.
17. The rest
These terms and the Privacy Policy are the whole agreement between us about the Service. If a part is found unenforceable, the rest stays in force. Not enforcing a term is not giving it up. You may not transfer your account. We may transfer these terms in a merger or sale.
18. Contact
[LEGAL ENTITY NAME]
[MAILING ADDRESS]
info@godivisionone.com