QuestFit Scout Terms and Conditions
Last Updated: July 29, 2024
QuestFit, LLC ("QuestFit", "we", "us", or "our") provides the Scout 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 high school, college, or professional team organization or other scouting or recruitment program. By accessing or using the Scout Toolbox, you agree to the QuestFit Terms of Service located at terms-of-service (the "Terms") and these Scout Toolbox Terms and Conditions (the "STB Terms and Conditions"). Any undefined capitalized terms in these STB 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 STB Terms and Conditions, these STB Terms and Conditions shall govern and control with respect to your use of the Scout Toolbox.
1. Acceptance and Modifications
1.1 Authority. The Scout Toolbox is offered to and available to scouts for high school, college, and professional team organizations and other scouting and recruitment programs ("Scouts"). By accessing and using the Scout Toolbox, you represent that you are at least 18 years of age (or the age of majority in the jurisdiction in which you reside) and that you have full authority to agree to and bind yourself to these STB Terms and Conditions.
1.2 Changes to these STB Terms and Conditions. We may change these STB 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 STB Terms and Conditions or other notice on or within the Scout Toolbox. You should view these STB Terms and Conditions often to stay informed of changes that may affect you. Your use of the Scout Toolbox constitutes your continuing agreement to be bound by these STB Terms and Conditions, as they may be amended from time to time.
2. Verification of Account Information
2.1 Required Information. In order to create an Account to access and use the Scout Toolbox, you will be required to provide certain information about yourself and the high school, college, or professional team organization or other scouting or recruitment program you represent. Such information will include, but may not be limited to, your name, email address, phone number, mailing address and/or location, photo, name and description of scouting or recruitment program, title, website(s) and social media account(s), and any other information which we may request from time to time. You represent and warrant that all information that you provide is true, complete, accurate, and up-to-date, and that you are a member of the scouting or recruitment program you identify in your information with full authority to represent such program on the QuestFit Websites.
2.2 Application and Verification. Once you provide all required information, QuestFit will review and verify your information in accordance with our internal review process, and we may ask you to provide additional information. We will use reasonable efforts to review and verify the information provided and either accept or reject your request to create an Account to access and use the Scout Toolbox within a reasonable period of time (generally within no more than 3 business days). For the avoidance of doubt, we reserve the right, in our sole discretion, to reject your request to create an Account to access and use the Scout Toolbox for any reason in our sole discretion, including, without limitation, if we believe that you have provided any inaccurate, false, or misleading information, that you do not represent (or do not have full authority to represent) the scouting or recruitment program identified in your information, or for any other reason.
3. Your Content
3.1 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 Scout Toolbox (collectively, "Your Content") are subject to these STB Terms and Conditions and the obligations regarding Your Content in the Terms. You acknowledge and agree that: (a) the Scout 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 Scout Toolbox (and any other products, services, or other offerings you request) to you; (ii) to enable us to provide the Athlete Toolbox, Manager Toolbox, and the Event Toolbox to athletes, managers, and event coordinators, respectively; (iii) to support, troubleshoot, improve, and/or further develop the Scout 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.
3.2 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 STB 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 Scout 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 3.2. As between you and QuestFit, you will retain ownership of all right, title, and interest in and to Your Content.
3.3 Privacy Settings. Through your use of the Scout 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 athletes, coaches, managers, 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 either keep private or share your mobile phone number, email address, and/or reference name(s) and contact information. As between you and QuestFit, you are solely responsible for the choices you make through these tools and options.
3.4 Other Scouts. Through your use of the Scout Toolbox, you may have the ability to submit the names, contact information, and/or other information of other Scouts or other persons associated with your scouting or recruitment program or otherwise in support of your profile. You represent and warrant that you have the consent of any such persons to submit their information (including any personal information) to the Scout 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.
3.5 User Permissions. You understand and acknowledge that certain features of the Scout Toolbox are accessible to scouts within your scouting or recruitment program only when the appropriate user settings and access permissions are enabled. The administrator of each scouting or recruitment program account on the Scout Toolbox is responsible for setting and monitoring all user settings and access permissions for each scout belonging to that program.
4. Athlete Reports
4.1 Rules and Guidelines. As part of the Scout Toolbox, you may have the ability to create and provide evaluations and reports on athletes ("Athlete Reports") for the purpose of promoting an athlete to schools, other scouts, and/or teams or athletic programs. You agree to fully comply with any and all rules and guidelines established by QuestFit regarding the creation and provision of Athlete Reports. Any such rules and guidelines may be notified to you at Account creation, within the Scout Toolbox or Site, or by any other means. It is solely your responsibility to read and become familiar with such rules and guidelines to ensure that you fully comply.
4.2 Liability; Disputes. You acknowledge and agree that you (and not QuestFit) are solely responsible for creating and providing your own Athlete Reports and any relevant supporting information. In addition to complying with the rules and guidelines established by QuestFit regarding the creation or provision of Athlete Reports, you agree not to create or provide Athlete Reports that are (or that a reasonable person may 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. Any Athlete Report you create and provide reflects your opinion and may not reflect the opinion of QuestFit, and you agree to take full responsibility and liability for each such Athlete Report.
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 relevant 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 such Third-Party Contributor.
5. Consent to Text Messaging
5.1 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.
5.2 Scout-Initiated Invitations. As part of the Scout Toolbox, you may have the ability to initiate text and/or email message invitations to other scouts or members of your scouting or recruitment program, as well as to athletes and/or their parents and guardians, inviting them to join or follow your scouting or recruitment program’s page and/or create an Account on the QuestFit Websites. To the maximum extent permitted under applicable law, you acknowledge and agree that you (and not QuestFit) are the sender of any such invitations, and you represent and warrant that any recipient you invite has consented to receive such invitations, including via automated text message and/or email message. 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.
5.3 Message and data rates may apply. Messages are sent from an automated system, and message frequency depends on your use of the Scout 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.
6. Disclaimers
6.1 No Guarantee of Success.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SCOUT TOOLBOX IS SOLELY AT YOUR OWN RISK. QUESTFIT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER THAT USE OF THE SCOUT TOOLBOX WILL MEET YOUR REQUIREMENTS OR SATISFACTION OR ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS OR LEVEL OF SUCCESS IN ATHLETE SCOUTING, RECRUITMENT, OR ANY OTHER TYPES OF SCOUTING OR RECRUITMENT PROGRAM ACHIEVEMENTS OF ANY KIND. QUESTFIT IS NOT ENGAGED IN PROVIDING PROFESSIONAL OR EXPERT ATHLETE SCOUTING OR RECRUITMENT ADVICE, SERVICES, OR RECOMMENDATIONS, AND NO INFORMATION, STATEMENTS, OR FEATURES PROVIDED OR MADE AVAILABLE BY QUESTFIT, INCLUDING THROUGH THE SCOUT TOOLBOX, WILL CONSTITUTE PROFESSIONAL OR EXPERT ATHLETE SCOUTING OR RECRUITMENT ADVICE, SERVICES, OR RECOMMENDATIONS. IF PROFESSIONAL OR EXPERT ATHLETE SCOUTING RECRUITMENT ADVICE, SERVICES, OR RECOMMENDATIONS IS REQUIRED, THE SERVICES OF A COMPETENT EXPERT OR PROFESSIONAL IN THE FIELD SHOULD BE SOUGHT.
6.2 Q-Score Disclaimer.
AS PART OF THE SCOUT TOOLBOX, QUESTFIT MAY COMBINE ANY STATISTICS AND METRICS SUBMITTED BY ATHLETES, COACHES, AND SCOUTS TO CREATE A COMPOSITE ATHLETE SCORE (THE “Q-SCORE”). THE Q-SCORE 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 Q-SCORE 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 Q-SCORE 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 Q-SCORE. THE USE OF COLLEGE OR UNIVERSITY NAMES OR ATHLETIC PROGRAM DETAILS IN THE SCOUT 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 Q-SCORE, AND USERS ARE ENCOURAGED TO CHECK THE QUESTFIT WEBSITES REGULARLY FOR THE MOST CURRENT INFORMATION REGARDING THE Q-SCORE. 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 Q-SCORE, INCLUDING, WITHOUT LIMITATION, THE USE IN MAKING DECISIONS ABOUT COLLEGE APPLICATIONS, RECRUITMENT, OR SCHOLARSHIP OPPORTUNITIES.
7. Miscellaneous
7.1 Questions.
If you have any questions regarding the Scout Toolbox or these STB Terms and Conditions, please contact us at support@questfit.com.