Last Updated: July 29, 2024
QuestFit, LLC ("QuestFit", "we", "us", or "our") provides the Athlete Toolbox to you ("you," or "your,") to publish, manage, and/or view player, school, and other user profiles, statistics, information, and other content related to your athletic activities. By accessing or using the Athlete Toolbox, you agree to QuestFit’s Terms of Service located at terms-of-service (the "Terms") and these Athlete Toolbox Terms and Conditions (these "ATB Terms and Conditions").
Any undefined capitalized terms in these ATB Terms and Conditions shall have the meaning assigned to them in the Terms. In the event of any conflict or inconsistency between the Terms and these ATB Terms and Conditions, these ATB Terms and Conditions shall govern and control with respect to your use of the Athlete Toolbox.
1. Acceptance and Modifications
1.1 Age Requirements. The Athlete Toolbox is offered to and available to athletes who are 13 years of age or older ("Athletes"). By accessing or using the Athlete Toolbox, you represent that you are: (a) at least 18 years of age (or the age of majority in the jurisdiction in which you reside); (b) at least 13 years of age and have the permission of your parent or legal guardian to access and use the Athlete Toolbox; or (c) the parent or legal guardian of the athlete accessing and using the Athlete Toolbox. In each case of clauses (a), (b), and (c), you further represent that you have full authority (or the full authority of your parent or legal guardian, if applicable) to agree to and bind yourself (or your parent or legal guardian on your behalf, if applicable) to these ATB Terms and Conditions. If you are a parent or legal guardian of an athlete under 18 years of age and believe that they are accessing or using the Athlete Toolbox without your permission or authority, please notify us immediately at support@questfit.com.
1.2 Changes to these ATB Terms and Conditions. We may change these ATB Terms and Conditions at any time, and all such changes will be effective immediately upon notice, which we may give by any means, including, but not limited to, by sending a message to the email address that we have on file for you (if any) or posting a revised version of these ATB Terms and Conditions or other notice on or within the Athlete Toolbox. You should view these ATB Terms and Conditions often to stay informed of changes that may affect you. Your use of the Athlete Toolbox constitutes your continuing agreement to be bound by these ATB Terms and Conditions, as they may be amended from time to time.
2. Your Content
2.1 Use of Your Content. All information, statistics, data, content, photos, images, graphics, articles and other materials that you submit, upload, provide, or otherwise make available to us through the Athlete Toolbox (collectively, "Your Content") are subject to these ATB Terms and Conditions and the obligations regarding Your Content in the Terms. . You acknowledge and agree that: (a) the Athlete Toolbox depends on the availability and accuracy of Your Content; and (b) QuestFit may, but has no obligation to, monitor and verify the accuracy and/or completeness of any of Your Content. In addition to the license granted to QuestFit for Your Content in the Terms, by submitting, uploading, providing, or otherwise making available Your Content to us, you hereby grant us a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to use, reproduce, modify, create derivative works of, display, publish, perform, distribute, share, transfer, transmit, and otherwise exploit Your Content, in each case: (i) to enable us to provide the Athlete Toolbox (and any other products, services, or other offerings you request) to you; (ii) to enable us to provide the Manager Toolbox, the Scout Toolbox, and the Event Toolbox to coaches, scouts, and event coordinators, respectively; (iii) to support, troubleshoot, improve, and/or further develop the Athlete Toolbox and/or our other products or services; and (iv) to otherwise take such actions with respect to Your Content as permitted under our Privacy Policy located at privacy-policy, where applicable.
2.2 Responsibility for Your Content. In addition to the obligations regarding Your Content in the Terms, you are solely responsible for Your Content, including for ensuring the accuracy and completeness thereof, and for compliance with all laws and regulations and contractual requirements applicable to the provision of the same. You represent and warrant that: (x) you either own Your Content or have obtained and shall at all times maintain all necessary and/or legally required licenses, rights, consents, permissions, and authorizations to provide Your Content to us as contemplated under these ATB Terms and Conditions and to otherwise grant the license rights granted herein (including, if applicable, the consent of each individual appearing in any picture, photo, image, video, or other content submitted, uploaded, posted, or otherwise displayed by you on the QuestFit Websites); (y) you shall at all times keep Your Content accurate, complete, and up-to-date, and shall not include any false, misleading, or inaccurate data; and (z) you at all times have complied, and shall continue to comply, with all federal, state, local, and international laws and regulations, including data protection and privacy laws and regulations applicable to the collection, handling, processing, sharing, and/or storage of Your Content. In the event of any breach of any of the foregoing warranties, we reserve the right, in our sole discretion and without any notice or liability to you, to delete, modify, refuse to post, refuse to store, refuse to share, or disable access to Your Content and/or to cancel, suspend, withhold, or terminate your Account and/or your access to the Athlete Toolbox. We have the right, but not the obligation, to monitor and/or attempt to verify the accuracy of Your Content, and to take any such actions as we deem appropriate in our sole discretion as a result of any such monitoring and/or verification (including requesting that you provide additional verifying and/or supporting information in relation to Your Content). Without limiting your indemnification obligations under the Terms, you agree to fully indemnify and hold harmless the QuestFit Parties from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorneys' fees and costs) (collectively, "Claims") arising out of or relating to Your Content, including any breach of the warranties stated in this Section 2.2. As between you and QuestFit, you will retain ownership of all right, title, and interest in and to Your Content.
2.3 Privacy Settings. Through your use of the Athlete Toolbox, you have the ability to keep private or share certain of Your Content with coaches, scouts, and other users of the Athlete Toolbox, Manager Toolbox, and/or Scout Toolbox. Certain of Your Content may default to being publicly viewable by coaches, scouts, and/or other users of the Athlete Toolbox, Manager Toolbox, and/or Scout Toolbox unless you affirmatively elect to keep Your Content private. Your Account provides you with certain tools and options that allow you to control which of Your Content you share with others and the extent of such sharing. For example, you may be able to adjust your privacy settings to keep private or share your mobile phone number, email address, high school information, travel team information, social media handles, profile links, reference name(s) and contact information, and/or statistical reports. As between you and QuestFit, you are solely responsible for the choices you make through these tools and options.
2.4 References. Through your use of the Athlete Toolbox, you may have the ability to submit the names, contact information, and/or other information of references, coaches, or other persons in support of your profile. You represent and warrant that you have the consent of any such references to submit their information (including any personal information) to the Athlete Toolbox, and that any information you submit on their behalf will be true, complete, and accurate. Without limiting your indemnification obligations under the Terms, you agree to fully indemnify and hold harmless the QuestFit Parties from and against any and all Claims arising out of or relating to any breach of the foregoing warranties.
3. Consent to Athlete Reports
3.1 Athlete Reports. By accepting an invitation to join or link your account with an athletic team or program (e.g., a high school or travel program) through the QuestFit Websites, you acknowledge and agree that coaches of such team or program may, without having to obtain your further consent or permission, create, use, provide, distribute, and/or share with third parties athlete evaluations and reports about you ("Athlete Reports"). Similarly, you acknowledge and agree that scouts may, with or without your knowledge and without having to obtain any separate consent or permission from you, create, use, provide, distribute, and/or share with third parties Athlete Reports about you. While QuestFit may endeavor to hold coaches and scouts to certain general guidelines in the creation and provision of Athlete Reports, you acknowledge and agree that such coaches and scouts (and not QuestFit) are solely responsible for creating and providing their own Athlete Reports and any relevant supporting information. Coaches and scouts may create or provide Athlete Reports that are (or that you believe to be) inaccurate, incomplete, misleading, or deceptive. QuestFit has no control over and does not endorse any Athlete Reports or any information contained therein. An Athlete Report reflects the opinion of the coach or scout creating it and may not reflect the opinion of QuestFit. WITHOUT LIMITING ANY OF THE FOREGOING AND IN ADDITION TO ANY LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THE TERMS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL QUESTFIT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND WHATSOEVER FOR ANY ATHLETE REPORTS OR ANY INFORMATION CONTAINED THEREIN, THE USE OF OR RELIANCE ON ANY ATHLETE REPORTS (WHETHER BY YOU OR ANY THIRD PARTY), OR ANY ACTS, OMISSIONS, OR OTHER CONDUCT TAKEN (OR NOT TAKEN) IN CONNECTION WITH ANY ATHLETE REPORTS. Any disputes arising out of or related to any Athlete Reports will be solely between you and the Third-Party Contributor and will not involve QuestFit in any way. Notwithstanding the previous sentence, QuestFit may, at its sole discretion, choose to assist in addressing or resolving any such disputes between you and the relevant Third-Party Contributor .
4. Consent to Text Messaging
4.1 Consent to Automated Text Messaging. You agree that we have your explicit consent to send you automated text messages for purposes of setting up and/or verifying your Account and providing related support. You may opt out of receiving automated text messages from us at any time by replying “STOP” to the last text message you received (or by following the instructions set out in the text message). After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, you may sign up using your Account tools or send us a message at support@questfit.com.
4.2 Message and data rates may apply. Messages are sent from an automated system, and message frequency depends on your use of the Athlete Toolbox. If you have any questions about your text plan or data plan, please contact your wireless provider. For all other questions about the text message services, you can send an email to support@questfit.com.
5. Disclaimers
5.1 No Guarantee of Success. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ATHLETE TOOLBOX IS SOLELY AT YOUR OWN RISK. QUESTFIT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER THAT USE OF THE ATHLETE TOOLBOX WILL MEET YOUR REQUIREMENTS OR SATISFACTION OR ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS OR LEVEL OF SUCCESS IN ATHLETE RECRUITMENT OR ANY OTHER TYPES OF ATHLETIC OR ACADEMIC ACHIEVEMENTS OF ANY KIND. QUESTFIT IS NOT ENGAGED IN PROVIDING PROFESSIONAL OR EXPERT ATHLETE RECRUITMENT ADVICE, SERVICES, OR RECOMMENDATIONS, AND NO INFORMATION, STATEMENTS, OR FEATURES PROVIDED OR MADE AVAILABLE BY QUESTFIT, INCLUDING THROUGH THE ATHLETE TOOLBOX, WILL CONSTITUTE PROFESSIONAL OR EXPERT ATHLETE RECRUITMENT ADVICE, SERVICES, OR RECOMMENDATIONS. IF PROFESSIONAL OR EXPERT ATHLETE RECRUITMENT ADVICE, SERVICES, OR RECOMMENDATIONS IS REQUIRED, THE SERVICES OF A COMPETENT EXPERT OR PROFESSIONAL IN THE FIELD SHOULD BE SOUGHT.
5.2 QScore Disclaimer. AS PART OF THE ATHLETE TOOLBOX, QUESTFIT MAY COMBINE ANY STATISTICS AND METRICS SUBMITTED BY ATHLETES, COACHES, AND SCOUTS TO CREATE A COMPOSITE ATHLETE SCORE (THE “QSCORE”). THE QSCORE IS BASED ON THE DATA AVAILABLE AT THE TIME OF ASSESSMENT AND MAY NOT REFLECT FUTURE PERFORMANCES OR CHANGES IN THE ATHLETE’S SKILLS AND ACHIEVEMENTS. SOME FACTORS INCLUDED IN THE QSCORE ALGORITHM MAY REFLECT THE SUBJECTIVE JUDGMENT OF COACHES, SCOUTS, OR OTHER THIRD PARTIES AND MAY NOT FULLY CAPTURE AN ATHLETE’S ABILITIES, POTENTIAL, OR FIT FOR A SPECIFIC ATHLETIC PROGRAM. THE QSCORE IS FOR REFERENCE PURPOSES ONLY AND SHOULD NOT BE CONSIDERED A DEFINITIVE ASSESSMENT OF AN ATHLETE’S ABILITIES, POTENTIAL FOR RECRUITMENT, COLLEGE OR UNIVERSITY ACCEPTANCE, OR AWARD OF SCHOLARSHIPS. DECISIONS REGARDING COLLEGE OR UNIVERSITY ADMISSIONS AND SCHOLARSHIPS ARE THE SOLE RESPONSIBILITY OF COLLEGES AND UNIVERSITIES AND MAY INVOLVE ADDITIONAL FACTORS NOT ACCOUNTED FOR IN THE QSCORE. THE USE OF COLLEGE OR UNIVERSITY NAMES OR ATHLETIC PROGRAM DETAILS IN THE ATHLETE TOOLBOX DOES NOT IMPLY ANY RELATIONSHIP, ENDORSEMENT, OR PARTNERSHIP WITH SUCH COLLEGES AND UNIVERSITIES. ATHLETES ARE ENCOURAGED TO CONSULT WITH THEIR COACHES, MENTORS, OR ACADEMIC ADVISORS WHEN MAKING DECISIONS ABOUT COLLEGE OR UNIVERSITY APPLICATIONS AND SCHOLARSHIPS. QUESTFIT MAY, FROM TIME TO TIME AND IN ITS SOLE DISCRETION, MODIFY THE CRITERIA OR ALGORITHMS USED TO GENERATE THE QSCORE, AND USERS ARE ENCOURAGED TO CHECK THE QUESTFIT WEBSITES REGULARLY FOR THE MOST CURRENT INFORMATION REGARDING THE QSCORE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL QUESTFIT HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DIRECT OR INDIRECT CONSEQUENCES OF THE USE OF ANY QSCORE, INCLUDING, WITHOUT LIMITATION, THE USE IN MAKING DECISIONS ABOUT COLLEGE APPLICATIONS, RECRUITMENT, OR SCHOLARSHIP OPPORTUNITIES.
6. Miscellaneous
6.1 Questions.
If you have any questions regarding the Athlete Toolbox or these ATB Terms and Conditions, please contact us atsupport@questfit.com.
