- Join EFN
- Get Recruited
Agreement between user and EliteSportsNetwork™
These Terms and Conditions are an agreement ("Agreement") between you and Elite Sports Network, Inc. ("ESN") and Elite Football Network, Inc. regarding your use of the information, software, products, and services contained in or available through the ESN website. The EliteSportsNetwork.com website is comprised of various web pages operated by ESN. The EliteSportsNetwork.com website is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein. Your use of the EliteSportsNetwork.com website constitutes your agreement to all such terms, conditions, and notices, including the arbitration provision and class action waiver below.
EliteSportsNetwork.com offers general information about the law and does not provide any legal advice. EliteSportsNetwork.com is not a law firm, and the employees of EliteSportsNetwork.com and participating attorneys of the Premium Profile are not acting as your attorney. Your use of EliteSportsNetwork.com does not create or constitute an attorney-client relationship between you and ESN, any ESN employee, or any attorney participating in ESN’s Premium Profile. Instead, you are representing yourself in any legal matter you undertake through EliteSportsNetwork.com’s legal document service. The EliteSportsNetwork.com website is not a substitute for the advice of an attorney. If any type of relationship is inadvertently formed between you and an ESN employee or an attorney participating in the Premium Profile, that relationship is limited to the scope of what was communicated between you and that employee or participating attorney.
The legal information on this site is not legal advice and should not be relied upon as such. Because the law changes rapidly, EliteSportsNetwork.com cannot guarantee that all the information on the site is completely current or correct. The law is different from jurisdiction to jurisdiction, and is also subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind EliteSportsNetwork.com provides can fit every circumstance. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
This site and some of the articles on this site contain links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that EliteSportsNetwork.com sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
EliteSportsNetwork.com is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.
ESN™ IS NOT A “PLAYER REFERRAL SERVICE.”
ESN PROVIDES A PLATFORM FOR STUDENT - ATHLETES INFORMATION, SELF HELP AND COLLABORATION. THE STUDENT-ATHLETE INFORMATION OF ESN PUBLISHED AT EliteSportsNetwork.com IS FOR INFORMATION PURPOSES ONLY, IS FREE FOR BOTH USERS AND COACHES AND DOES NOT CONSTITUTE AN ENDORSEMENT OR APPROVAL OF ANY LISTED STUDENT - ATHELETE. THERE IS NO FEE SHARING ARRANGEMENT BETWEEN ESN AND ANY LISTED COACHES FOR ANY RECRUITMENT MATTER. THE “REVIEWED BY” ESN STAFF ATTRIBUTIONS ARE NOT A GUARANTEE OF ACCURACY. EVERYONE SHOULD CAREFULLY REVIEW ALL DATA ENTRIES AND FACTS PRESENTED AND ASK FOR A WRITTEN SERVICES AGREEMENT DETAILING THE TERMS AND CONDITIONS OF ANY REPRESENTATION, INCLUDING ALL MEASURES, CLAIMS AND OTHER REFERENCES. NO LEGAL REPRESENTATION RELATIONSHIP EXISTS IN ANY WAY BETWEEN ANY ESN USER AND ESN OR ITS PARENT, SUBSIDIARIES OR AFFILIATES.
Fees and Renewals
From time to time, ESN may offer different subscription terms, and the membership fees for such subscriptions may vary. The membership fees are non-refundable except as expressly set forth below.
UNLESS YOU NOTIFY US BEFORE THE RENEWAL DATE OF YOUR MEMBERSHIP THAT YOU WANT TO CANCEL, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU HEREBY AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEES, USING ANY VALID PAYMENT SOURCE WE HAVE ON RECORD FOR YOU.
Free Trials and Refund Policy
Free trials of certain ESN products and services may be offered from time to time. The terms and conditions of such free trials shall be contained in the offer. No refund of any amount paid shall be granted under any of the following circumstances: 1) the accurate conversion of a free trial to a paid service; 2) the accurate collection of any fee for any active membership or other subscription service; or 3) the accurate collection of fees or other payment for any other product or service.
For annual memberships, ESN may grant a refund to a customer within the first sixty (60) calendar days of such customer’s annual membership. After such 60-day period, if you choose to terminate your annual plan prior to the end of your year-commitment, you may do so with ninety (90) calendar days’ notice of cancellation, during which time you will have access to ESN’s services and will be charged a monthly fee. For customers who are charged a one-time annual fee, you will receive a partial year refund for the remaining term after such 90-day period. Customers must contact ESN directly at (248) 765-3200 to cancel a membership.
You may terminate any plan at any time within 30 calendar days of enrollment and may request a full refund under ESN’s 30-day money back policy.
After the initial 30-day money back period, you may terminate your plan at any time but you will not receive a refund.
If you are enrolled in an annual plan, you may choose to cancel your plan at any time prior to the end of the year-commitment with ninety (90) calendar days’ notice. During such 90-day notice period, you will continue to have access to ESN’s website and services and will be charged a monthly fee during the 90-day period. The 90-day notice requirement does not apply to cancellations within the 30-day money back period or to cancellations after the end of the year-commitment unless you choose to renew your annual plan. The 90-day notice period is not a penalty or a liquidated damages provision, but rather, an alternative option available to you to comply with your obligations under the Terms and Conditions.
If you fail to provide an on-time full-subscription payment, ESN reserves the right to cancel your account. If you are enrolled in an annual plan, ESN reserves its right to deem such failure to be a notice of cancellation and cancel your account at the end of such 90-day notice period. During the 90-day notice period, you will continue to have access to ESN’s website and services and will be charged a monthly fee.
Please note that termination/cancellation does not affect your ability to access the documents you created on ESN’s website. If you violate any of ESN’s Terms and Conditions, ESN reserves the right to terminate your ESN membership immediately. For termination for violation of the Terms and Conditions, there will not be a 90-day notice period and you will not continue to have access to ESN’s website and services.
ESN reserves the right to change the terms, conditions, and notices under which the EliteSportsNetwork.com website is offered, including but not limited to the charges associated with the use of the EliteSportsNetwork.com website.
You understand and agree that your use of EliteSportsNetwork.com after the date on which the Terms and Conditions have changed shall be treated as acceptance of the updated Terms and Conditions.
Links to third party sites / Third party services
The EliteSportsNetwork.com website may contain links to
other websites ("Linked Sites"). The Linked Sites are not under the
control of ESN and ESN is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. ESN is not responsible for webcasting or
any other form of transmission received from any Linked Site. ESN is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by ESN of the site or any association with its operators.
These Terms and Conditions do not cover your interaction with Linked Sites, and
you should carefully review the terms and conditions and privacy policies of
any third party sites.
Certain services made available through EliteSportsNetwork.com are delivered by third parties. By using any product, service or functionality originating from the EliteSportsNetwork.com domain, you hereby acknowledge and consent that ESN may share such information and data with any third party with whom ESN has a contractual relationship to provide the requested product, service or functionality on behalf of EliteSportsNetwork.com users and customers.
No unlawful or prohibited use
As a condition of your use of the EliteSportsNetwork.com website, you warrant to ESN that you will not use the EliteSportsNetwork.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the EliteSportsNetwork.com website in any manner which could damage, disable, overburden, or impair the EliteSportsNetwork.com website or interfere with any other party's use and enjoyment of the EliteSportsNetwork.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EliteSportsNetwork.com websites.
THE STUDENT-ATHLETE PROFILES, COMBINE MEASURES, VIDEOS, ARTICLES AND ALL OTHER CONTENT FOUND ON THE EliteSportsNetwork.com WEBSITE (“ESN CONTENT”) ARE PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. ESN CONTENT IS NOT FOR RESALE. YOUR USE OF THE EliteSportsNetwork.com WEBSITE DOES NOT ENTITLE YOU TO RESELL ANY EliteSportsNetwork.com CONTENT. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE EliteSportsNetwork.com WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE ESN CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF ELITE SPORTS NETWORK, LLC.
Use of communication services
The EliteSportsNetwork.com website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
ESN has no obligation to monitor the Communication Services. However, ESN reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ESN reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ESN reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ESN's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ESN does not control or endorse the content, messages or information found in any Communication Service and, therefore, ESN specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ESN spokespersons, and their views do not necessarily reflect those of ESN.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided to EliteSportsNetwork.com or posted at any ESN website
ESN does not claim ownership of the materials you provide to ESN (including feedback and suggestions) or post, upload, input or submit to any EliteSportsNetwork.com website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ESN, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ESN is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ESN's sole discretion.
By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EliteSportsNetwork.com WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ESN INCORPORATED AND/OR ITS SUPPLIERS AND SUB LICENSEES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EliteSportsNetwork.com WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE EliteSportsNetwork.com WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE RELATED TO YOUR SITUATION.
ESN INCORPORATED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE EliteSportsNetwork.com WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND VIDEOS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ESN INCORPORATED AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Service Contact: support@EliteSportsNetwork.com
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at (248) 765-3200. In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if ESN has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $75,000 in damages, ESN will pay reasonable attorneys’ fees should you prevail. ESN will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA rules. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
ESN and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to "ESN", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and ESN are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to ESN should be addressed to General Counsel, Elite Sports Network, LLC, 31393 West 13 Mile Road, Farmington Hills, MI 48334 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If ESN and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or ESN may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ESN or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ESN is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.net, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless ESN and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA shall make the determination. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the AAA Rules will determine the right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. ESN will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND ESN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ESN agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, we agree that if ESN makes any future change to this arbitration provision (other than a change to the Notice Address) during your Membership, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
ESN reserves the right, in its sole discretion, to terminate your access to the EliteSportsNetwork.com website and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ESN as a result of this agreement or use of the EliteSportsNetwork.com website. ESN's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ESN's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EliteSportsNetwork.com website or information provided to or gathered by ESN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ESN with respect to the EliteSportsNetwork.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ESN with respect to the EliteSportsNetwork.com website. You may not assign or otherwise transfer the Terms and Conditions, or any right granted hereunder, without ESN's written consent. ESN's rights under the Terms and Conditions are freely transferable by ESN. Any failure by ESN to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved.
ESN may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on the EliteSportsNetwork.com website, or other reasonable means now known or hereafter developed.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents have been drawn up in English.
Copyright and trademark notices
All contents of the EliteSportsNetwork.com website are Copyright © 2013 Elite Sports Network, LLC and/or its suppliers, affiliates and partners. All rights reserved.
ESN™ and EliteSportsNetwork.com™ are trademarks and ESN Premium Profile ® is a registered trademark of ESN Incorporated. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Notices and procedure for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL NOT RECEIVE A RESPONSE.