Terms and Conditions.
Welcome to NIL Monitoring by Gray Analytics!
NIL Monitoring by Gray Analytics builds technologies and services that enable individuals to easily present their Name, Image, and Likeness (NIL) opportunities for review so that individuals, universities, and athletic departments can ensure that these NIL opportunities are compliant with NCAA, university, and conference policies. These Terms and Conditions (“Terms”) govern your use of NIL Monitoring by Gray Analytics (the NIL Monitoring by Gray Analytics Services and Products), except where we expressly state that separate terms (and not these) apply. These Services and Products are provided to you by Gray Analytics.
We don’t charge you to use NIL Monitoring by Gray Analytics or the other products and services covered by these Terms. Instead, your university pays us to provide this Service. By using NIL Monitoring by Gray Analytics, you agree that we can share the information you provide to this Service with individuals, university officials, or persons/offices deemed relevant by your university or Gray Analytics. Your personal information will be shared to identify you.
We don’t sell or share your personal data. However, Gray Analytics reserves the right to use the information you provide to NIL Monitoring by Gray Analytics to improve the services provided by Gray Analytics. This includes the collection of data as it relates to the information you provide while utilizing NIL Monitoring by Gray Analytics. Our Data Policy further explains how we collect and use data.
1. NIL Monitoring by Gray Analytics Services
Our mission is to provide your university with a platform to monitor NIL opportunities for compliance with NCAA, university, and athletic conference bylaws and policies. We further identify for universities applicable state laws that may impact any given NIL opportunity. To help advance this mission, we provide the Products and Services described below to you:
- Provide a personalized experience for you: Your experience on NIL Monitoring by Gray Analytics gives you a private portal to answer questions about a potential NIL opportunity with ease. We also provide you the ability to submit the contractual language associated with a given NIL opportunity.
- NIL Opportunity Approval: We assist your university and athletic department with review of your potential NIL opportunity. By use of NIL Monitoring by Gray Analytics, this Service provides you an efficient mode to transfer NIL opportunity information for review and approval.
- Empower you to engage in NIL activities: By submitting valid NIL opportunities to NIL Monitoring by Gray Analytics, you are allowing for a compliance review of your NIL opportunities. By doing so, you are giving yourself the best opportunity to enjoy the benefits of your name, image, and likeness.
- Identify NIL Opportunity Compliance Issues: NIL opportunities must comply with state and federal laws and must also comport with NCAA, university, and athletic conference policies. NIL Monitoring by Gray Analytics assists universities in identifying any compliance issues that may exist in a given NIL opportunity. If a given NIL opportunity would violate a law or relevant policy, then this Service is assisting the student-athlete with maintaining eligibility and amateur status while also assisting the university with compliance oversight, and thereby assist in avoiding the consequences of violations of laws or relevant policies. NIL Monitoring by Gray Analytics makes no representation that it will, or could possibly, accurately identify all, or any, NIL opportunity compliance issues. Issues of compliance and governance are the joint and several responsibilities of the university and the student-athlete.
2. How our services are funded.
NIL Monitoring by Gray Analytics, its Products and Services, are paid for by your university. There is no charge to an individual or student-athlete for the use of NIL Monitoring by Gray Analytics Products and Services covered by these Terms, you agree that we use your personal data, such as information related your NIL activity, to improve NIL Monitoring by Gray Analytics Products and Services. This includes the use of statistics, none of which would directly identify any NIL opportunity or student-athlete.
Protecting people’s privacy is central to how we’ve designed our NIL monitoring system. We don’t sell your personal data. We will not share your information, answers, or submissions with any professional services provider, agent, or NIL activity contractor unless required to do so by law or court.
3. Your commitments to NIL Monitoring by Gray Analytics and our community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
- Use of NIL Monitoring by Gray Analytics
In order to monitor NIL opportunities and activities for compliance, certain information must be fulsome and accurate. For this reason, you must:
- Use accurate personally identifiable information (PII).
- Use the same PII known to your university.
- Provide accurate information about yourself and the NIL opportunity.
- Submit the final and actual written NIL opportunity agreement.
- Share ALL contractual language regarding, about, or relevant to the submitted NIL opportunity.
- Personally answer the questions asked NIL Monitoring by Gray Analytics.
- Provide honest answers to each of the questions asked NIL Monitoring by Gray Analytics.
- What you do on NIL Monitoring by Gray Analytics
We want individuals to use NIL Monitoring by Gray Analytics to provide them a mechanism by which NIL opportunities can be examined for compliance…the first step in approval of any NIL opportunity or activity. To ensure the integrity of the Products and Services offered by Gray Analytics are maintained, you therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- You may not use our Products to do or share anything:
- That violates these Terms or other terms and policies that apply to your use of NIL Monitoring by Gray Analytics.
- That is unlawful, misleading, discriminatory, or fraudulent.
- That infringes or violates someone else’s rights, including their intellectual property rights.
- You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products. Doing so is a violation of state and federal laws and Gray Analytics reserves the right to directly contact authorities without any further permissions from the user or university.
- You may not access or collect data from our Products using automated means or attempt to access data you do not have permission to access.
- You may not use our Products to do or share anything:
We can remove or restrict access to NIL Monitoring by Gray Analytics for any violation of these provisions. We also reserve the right to report any violations of these Terms and Conditions, to include the foregoing, to your university, athletic conference, or legal authorities.
We also can remove or restrict access to your content, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Gray Analytics.
We need certain permissions from you to provide NIL Monitoring by Gray Analytics Products and Services. Some content that you share or upload, such as NIL activity contracts, may be protected by legal agreements or intellectual property laws, such as non-disclosure agreements. By submitting an NIL opportunity agreement or contract, you are certifying that you have the right and legal permissions to do so. It is further understood by both you and the NIL contractor that the contract submitted will be shared with appropriate compliance authorities and may be shared with other authorities if deemed appropriate by the university or by Gray Analytics if legally obligated to do so.
Nothing in these Terms takes away or grants rights to anyone regarding any NIL opportunity.
4. Additional provisions
- Updating our Terms
We work constantly to improve our services and develop new features to improve our Products and Services. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, it will be the responsibility of the user of our Products and Services to read and understand these Terms prior to each use of NIL Monitoring by Gray Analytics Products and Services. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
- Account suspension or termination
We want NIL Monitoring by Gray Analytics to be a place where people feel welcome and safe to submit answers regarding their name, image, and likeness opportunities.
If we determine that you have clearly, seriously, or repeatedly breached our Terms or Policies, we may contact your university and prohibit you from use of the NIL Monitoring system.
Where we take such action, we reserve the right to refuse to explain any options you have to request a review, especially if doing so may expose us or others to legal liability, compromise the integrity or operation of any of our NIL Monitoring Services, Products, or systems, or where we are prohibited from doing so for legal or technical reasons.
- Limits on liability
We work hard to provide the best NIL Monitoring system we can and to specify clear guidelines for everyone who uses it. Our NIL Monitoring system, however, is provided “as is,” and we make no guarantees that it will always be secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, the terms of any NIL activity or opportunity, the legality of any NIL activity or opportunity, the compliance of any NIL activity or opportunity, the review of any NIL activity or opportunity by any oversight body or university, and we are not responsible for any person’s actions or conduct (whether online or offline), or any content shared with Gray Analytic (whether online or offline). Any user, affiliate, successor, officer, employee, representative, partner, agent or anyone claiming through the user in their individual and/or corporate capacity (“Releasors”) hereby releases and discharges any liability Gray Analytics, and successors, from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature and kind, know or unknown which Releasors have or ever had or may in the future have against Gray Analytics. of NIL Monitoring by Gray Analytics, arising out of the use, results, outcomes, conclusions, answers, investigations, or information provide to or through Gray Analytics and the NIL Monitoring by Gray Analytics System and Products, to include online and offline discussions with the user, Releasors, and third parties,
We cannot predict when issues, time constraints, delays, or technical interruptions might arise with our NIL monitoring service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the NIL Monitoring by Gray Analytics Products, even if we have been advised of the possibility of such damages. If any cause of action is allowable under the law, and pursuant to these terms, Gray Analytics’ aggregate liability arising out of or relating to these Terms or the NIL Monitoring by Gray Analytics Products will not exceed $1.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.
- For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the NIL Monitoring by Gray Analytics Products (“claim”), you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of Alabama, or a state court located in Madison County, Alabama. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Alabama will govern these Terms and any claim, without regard to conflict of law provisions. All claims will be subject to the limited liability provisions contained herein.
- These Terms make up the entire agreement between you and Gray Analytics. regarding your use of our Services and Products. They supersede any prior agreements.
- It is possible that supplemental Terms will be added for certain clients, individuals, or NIL opportunity reviews. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- We reserve all rights not expressly granted to you.
- Submitting false information, to include false names, false NIL opportunities, or false information may be used against you in legal proceedings. Also, using the name of another person without authorization may be a violation of state and federal laws.
- Gray Analytics is not responsible for any delay, grant, denial, or review of any NIL activity or opportunity.
- Gray Analytics is not responsible for the accuracy or legality of any answer or submission to it pertaining, directly or indirectly, to any NIL activity or opportunity. By acknowledging these terms and conditions, you understand that Gray Analytics is not providing you legal advice as to any aspect of your NIL activity, opportunity, or the circumstances involved in the solicitation for the NIL activity. Furthermore, by acknowledging these Terms and Conditions, you understand that no attorney-client relationship is formed by use of the NIL Monitoring by Gray Analytics™ system or by any contact with personnel associated with Gray Analytics. Also, by acknowledging these Terms and Conditions, you understand that the university at which you attend as a student-athlete is the lone authority to approve or deny NIL opportunities and activities, regardless of any assessment, recommendation, or advice provided by Gray Analytics or NIL Monitoring by Gray Analytics™. Finally, by acknowledging these Terms and Conditions, you agree to hold harmless, without penalty or liability, Gray Analytics, its successors, or assigns, from the results, performance, denial, refusal, outcomes, repercussions, consequences, requirements, eligibility issues, opportunities, or penalties associated with the submission, review, reporting, denial or approval of any NIL opportunity, activity, or contract.
- Gray Analytics seeks to perform due diligence on every submitted NIL opportunity to provide the appropriate oversight body, typically a university compliance office.
You may contact us by phone or by mail at:
ATTN: NIL Monitoring by Gray Analytics
4240 Balmoral Drive, Suite 300
Huntsville, Alabama 35801