We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
Five Tool Youth Baseball grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases electronically through our Website, strictly in accordance with our Legal Terms.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Five Tool Youth Baseball. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Five Tool Youth Baseball aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Five Tool Youth Baseball, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Five Tool Youth Baseball. Five Tool Youth Baseball prohibits use of any logo of Five Tool Youth Baseball or any of its affiliates as part of a link to or from any Website unless Five Tool Youth Baseball approves such link in advance and in writing. Fair use of Five Tool Youth Baseball Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Links to Third-Party Websites
Our Website may contain links to Websites owned or operated by parties other than Five Tool Youth Baseball. Such links are provided for your reference only. Five Tool Youth Baseball does not monitor or control outside Websites and is not responsible for their content. Five Tool Youth Baseball’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Five Tool Youth Baseball’s inclusion of the links imply that Five Tool Youth Baseball is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Postings on our Website are made at such times as Five Tool Youth Baseball determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Five Tool Youth Baseball does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
Coaches and Teams
You acknowledge that we do not endorse any specific team or coaches of teams or any team or coach as being better than another. We do not otherwise guarantee that any team or coach will satisfy you. You will at all times look to any team or coach that you select for services as to any legal claims related to such services.
Events and Event Directors
Five Tool Youth Baseball is an organization that sanctions teams, provides a web-site for team registration and providing information for teams and individuals and provides insurance. Each tournament Director is an independent contractor and each tournament, while a “Five Tool Youth Baseball” event, is nonetheless a local tournament under the control of each individual tournament Director. As such, when your team schedules a tournament, your financial obligation is to the tournament Director and the obligation to provide sites, officials, schedules and other offered amenities to you is that of the tournament Director. The Five Tool Youth Baseball does not guarantee that any tournament will be held or conducted apart from those tournaments that are advertised as Five Tool Youth Baseball national events such as the “World Series” or National Championship tournaments. Any refunds for tournaments canceled or games not played or credits for future tournaments are exclusively a matter for the tournament Director and not the national office of Five Tool Youth Baseball.
No Warranties; Exclusion of Liability; Indemnification
OUR WEBSITE IS OPERATED BY FIVE TOOL YOUTH BASEBALL ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FIVE TOOL YOUTH BASEBALL SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. FIVE TOOL YOUTH BASEBALL SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE OR FOR ANY ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY TEAMS OR COACHING SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER FIVE TOOL YOUTH BASEBALL OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, OR SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE. IN NO EVENT SHALL FIVE TOOL YOUTH BASEBALL’S LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO FIVE TOOL YOUTH BASEBALL FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, FIVE TOOL YOUTH BASEBALL DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO TEAMS AND COACHES FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. FIVE TOOL YOUTH BASEBALL AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE. FIVE TOOL YOUTH BASEBALL MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
You agree to defend, indemnify and hold Five Tool Youth Baseball harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.