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Privacy Policy & Terms of Use


PRIVACY POLICY

Effective Date: December 27, 2022 

This website (the “Website”) is owned and operated by V Tool Showcases LLC (“V Tool,” “we,” “our,” or “us”). By accessing our Website, you consent to this Privacy Policy and our Terms of Use below, including our collection, use, and sharing of your information. If you do not agree to our Privacy Policy and Terms of Use, please exit our Website. If you have any questions regarding our policies or your use of our Website, please contact us by e-mail at [email protected] or by mail to: V Tool Showcases, 1540 Keller Parkway, Suite 108-409, Keller, Texas 76248, Attn: Brooks Vanlandingham. 

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE WEBSITE. IT APPLIES TO ALL USERS OF THE WEBSITE, REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT ON THE WEBSITE.

Information We Collect 

We collect information from you when you choose to share information with us by entering it on our Website (whether related to a roster for an event or when claiming or creating a player/non-player profile) and by using various automated processes. We also may collect videos and/or pictures from our tournaments or while attending high school baseball games. Please refer to the "Photo / Social Media Policy" on our "About" page for additional information regarding the content we capture at our events.

Information You Provide to Us 

We may ask you, and you may choose to provide, certain personal information to us, such as your name, e-mail address, mailing and/or billing addresses, payment information, telephone number and other academic/athletic information that may be useful for college coaches or professional scouts in evaluating players. We may collect this information in various places, including when you register for a V Tool player profile or non-player account, make a purchase, or in other parts of our Website.

Purchases

In order to make a purchase on the Website, you will need to create an online account and provide your payment information, such as your credit card or debit card number and expiration date. The Secure Sockets Layer (SSL) software used by V Tool is industry standard and among the best software available today for secure commerce transactions.  All personal information, including credit card number, name and address will be encrypted, so it cannot be read over the internet.  V Tool strives to ensure that all of its partners and affiliates maintain industry-standard privacy policies. To understand how our third-party payment processor collects, processes and stores your payment and other information, please review their privacy policies.  

Automated Information Collection

We may automatically collect certain information when you visit or use our Website. This information may include your IP address (or other unique device identifier, including one that we may assign); certain details about your browser, operating system, and hardware; your location, if available; the URL that referred you to our Website; your activities on our Website, including your preferences; and other logging information, such as the date and time of your visit. If applicable, when you use our mobile applications or visit our Website from a mobile device, like a smartphone, we may also collect additional information from your device, including your location, device identifier, and information about your mobile network. We may use a variety of tracking technologies to collect this information, including without limitation the following (and subsequent technologies and methods later developed):

Cookies. A cookie (or locally shared object) is a data file placed on your device when you visit our Website. A Flash cookie is a data file placed on a device via the Adobe Flash plug-in ‎that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed ‎through HTML5 local storage.‎ Your browser or other software may allow you to reject or remove cookies, but if you do so, some features of our Website may not work properly, and we may not be able to remember your preferences the next time that you visit.

Location-identifying Technologies. The Website may use GPS (global positioning systems) software and other location-based technologies such as iBeacons to locate you so we may verify your location, deliver you relevant content based on your location, as well as allow you to share your location to other users as part of the services we provide via the Website. In addition to traditional GPS location-based services, some of the retailers and others we work with may install low power Bluetooth, wifi, radio transmitters, or other devices in physical locations, which emit a signal that your smart phone can detect to pinpoint your location or otherwise interact with the Website (“iBeacons”). In addition, you may be able to send your location information via the Website to other Website users. You should consider the pros and cons involved in disclosing your location information to us and to other people. We are not responsible for the acts, omissions or policies of third parties.

Browser Fingerprinting. Browser fingerprinting is the process of collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Website, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third party service provider, is active only while you are connected to the Website, and is deactivated or deleted thereafter.

ETag, or Entity Tag. ETag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner, ETags are a form of device identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP and/or HTML5 cookies.

Recognition Technologies. Recognition technologies are technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).

Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our Website’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Website, to monitor how users navigate the Website, to count how many e-mails that were sent were actually opened or to count how many particular newsletters or links were actually viewed.

Analytics Services and Targeted Ads 

We may use third-party analytics services, such as Google Analytics to evaluate and help improve our Website. These services may track details about your online activities over time and across different sites, and may also allow us and others to provide you with targeted advertisements or other content that you may be interested in based on your online activities. 

Profile Pages

Our Website includes personal profile pages for baseball players that participate in our events and that we watch play in non-V Tool baseball games. When signing up for a V Tool event, or when claiming or creating a player profile, we may collect data such as name, address, email, GPA, SAT/ACT scores, date of birth, photographs, position, bats/throws, height, weight, Twitter/Instagram Handle, college commitment and other athletic/academic information. V Tool will only make information such as GPA, SAT/ACT scores, email addresses, phone numbers and date of birth available to verified college coaches and professional scouts. The general public will have limited access to certain personal information, but will not see the information in the preceding sentence. While our intention for providing the information above is to promote players, we understand ‎and support your right to remove any information, videos, etc. related to you or players you are related to that we ‎add to the website. All requests to remove videos, pictures or any other information ‎related to you, or a player you are related to, may be sent to [email protected]  ‎

Updating Your Information 

Our Website may allow you to update the information that we collect from you, such as the information in the preceding paragraph, which you provide when you register for an account. You may also request that we update your information by sending an e-mail to us at [email protected] We ask that all information provided by players or parents be 100% factual, and any information provided that V Tool discovers is false will be removed and may result in the cancelation of your account.

Third-Party Sites & Services 

Third-Party Tracking and Do Not Track - Third parties may use tracking technologies in connection with our Website, which may include the collection of information about your online activities over time and across third-party websites. This Privacy Policy does not apply to these third-party technologies because we may not control them and we are not responsible for them. Do Not Track is a technology that enables users to opt out of tracking by websites they do not visit. Currently, we do not monitor or take any action with respect to Do Not Track technology.

Links to Third-Party Sites - Our Website may include links to third-party websites or other online services. We are not responsible for these other sites and services, and they may collect and use information about you. You should review the privacy policies for such third parties before using their sites or services to understand how they collect and use information. 

How We Use the Information That We Collect

We use the information that we collect from you to process transactions, such as when you make a purchase through our Website, and to build player profiles and related pages of our Website. We also use the information that we collect to process your account registration and to enable you to use certain Website features. We may also use the information that we collect to customize your experience on our Website, to provide customer support, to enforce our Terms of Use, and to provide you with content or advertisements that may be of interest to you. 

How and When We Share Information with Third Parties 

We may share the information that we collect with third parties for a variety of purposes. For example, we may share information with service providers who assist us in our business operations. We may also share information where required by law or to satisfy any applicable law, regulation, subpoena, government request, or other legal process. We may also share information with third parties, including law enforcement, to protect our Website and to enforce our Terms of Use. We also reserve the right to share the information that we collect with our subsidiaries and affiliates and with any subsequent owner in the event of a merger, consolidation, sale of our assets, or other change in our business.  

How We Protect Your Information 

We use commercially reasonable and industry standard security technologies and safeguards to protect the information that we collect and use. We also expect our service providers to protect information in the same manner. No data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information, however, is 100% secure. Please note that we cannot guarantee the security of any information you transmit to us.

Transfer of Information to the United States 

If you are from a non-U.S. country, please be aware that the personal information you submit, including information provided through our Website, is being sent to a location in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By providing such personal information, you are consenting to (and represent that you have authority to consent to), the transfer of such information to the United States for the uses and purposes described in this Privacy Policy. Without limiting the above, for the avoidance of doubt we do not have an establishment or target ‎people in the EEA or UK.‎ 

Children’s Privacy

By using the Website, you certify that you are at ‎least the age of majority in your jurisdiction and are of legal age to form a binding contract with ‎V Tool. We do not knowingly seek or collect personal information from children under the age of thirteen (or the otherwise applicable age of digital consent in any particular jurisdiction). If you are under the age of majority but at least 13 years of age, you may only use this ‎Website under the supervision of a parent or legal guardian who agrees to be bound by these ‎Terms of Use. If you are a parent or legal ‎guardian agreeing to these Terms of Use for the benefit of a child who is under the age of ‎majority but at least 13 years of age, please be advised that you are fully responsible for his or her ‎use of this Website, including all financial charges and legal liability that he or she may incur.‎  In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any personal information from or about a child, please contact us at [email protected]g. Please note that coaches and team administrators may add underage users to team rosters only with the consent of the child’s parent or legal guardian.  V Tool is not liable for the failure of such coach or team administrator to obtain such consent. 

Sweepstakes, Contests and Promotions

We may offer sweepstakes, contests, and other ‎promotions (any, a “Promotion”) through the Website that may require registration. By ‎participating in a Promotion, you are agreeing to the official rules that govern that Promotion which are separate from this Privacy Policy, and which ‎may contain specific requirements of you, including, allowing the sponsor of the Promotion to use ‎your name, voice, and/or likeness in advertising or marketing associated with the Promotion. If ‎you choose to enter a Promotion, certain personal information may be disclosed to third parties or the ‎public in connection with the administration of such Promotion, including, in connection with ‎winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official ‎rules, such as on a winners list.

Privacy Policy Changes 

We reserve the right to change this Privacy Policy at any time and we will post notice of any such changes on our Website. Your use of our Website after the effective date constitutes your acceptance of the amended terms and conditions. We reserve the right to apply the amended terms to the information that we have already collected, subject to any legal constraints. 

Contact Us 

If you have any questions regarding our Privacy Policy, practices, or your use of our Website, please contact us at [email protected]  or using the information below:

V Tool Showcases, 1540 Keller Parkway, Suite 108-409

Keller, Texas 76248 

Attn: Brooks Vanlandingham.

TERMS AND CONDITIONS OF USE

Effective Date: January 3, 2023

These Terms of Use (these “Terms”) apply to the Website (as defined above). By accessing our Website, you consent to these Terms and our collection, use and sharing of your information as described in our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please exit our Website. If you have any questions regarding our policies or your use of our Website, please contact us by e-mail at [email protected] or by mail to: V Tool Showcases, 1540 Keller Parkway, Suite 108-409, Keller, Texas 76248, Attn: Brooks Vanlandingham.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. THEY APPLY TO ALL USERS OF THE WEBSITE, REGARDLESS OF WHETHER THEY CREATE AN ACCOUNT ON THE WEBSITE.

Changing Your Information

You are responsible for ensuring that information you provide on the Website is accurate and up to date. You may change or edit your information at our Website by logging into your registered account.

Ownership of Site Content

Unless otherwise noted, all photographs, pictures, videos, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio, along with the layout and design of the Website and all documentation, data, services, features, products and other content at the Website (collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Website Content is owned by, or licensed to, V Tool. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Site Content owner.

Use of Site Content 

V Tool grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Website for your personal, non-commercial and educational use only.

Reservation of Rights

All rights not expressly granted by V Tool herein are reserved. Except as set forth herein, nothing on the Website or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party, or may be construed to mean that V Tool has the authority to grant any license on behalf of any third party.

Refund Policy

All subscription fees are non-refundable. All subscribers hereby authorize Five Tool to charge the credit card, or other form of payment entered by subscriber to pay for the cost of subscriptions via automatic debit.   Unless specifically stated, subscribers will be automatically renewed for a term equal to the original term selected upon expiration of the then-current term, and continually thereafter, unless the subscriber terminates the subscription prior to the renewal date. When termination is requested by a subscriber, there is no refund for any unused portion of the current subscription.

V Tool Trademarks

V Tool trademarks, including the trademarks “V Tool” “Five Tool,” all logos, all page headers, graphics, images, symbols, trade names and other V Tool marks found at the Website are the proprietary property of V Tool (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of V Tool. 

Third Party Trademarks

The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of these trademarks, nor may anything be construed to mean that V Tool has authority to grant any right or license on behalf of any third-party trademark owner.

NCAA Rules

By purchasing any membership on the Website you agree to refrain from violating any NCAA rules or regulations in place with regard to student athletes. Five Tool is not responsible if you do not abide by any NCAA rules or regulations (or any other similar rules or regulations) in connection with your use of the Website, and violations of any NCAA rules will result in the cancellation of your subscription.

Photo/Video Uploads

You may upload your own photographs and videos (by copying and pasting a link to the video from YouTube) to your purchased profile. As a condition to uploading any photos or videos, you represent and warrant that you own the photograph or video being uploaded, or have all the rights to the such photo or video. All videos flagged by third parties which violate this section will be immediately removed by V Tool and your account will be subject to cancellation. You agree to indemnify and hold V Tool harmless for any claims, losses, and other fees incurred by V Tool in connection with your violation of this section.

Restrictions, Limitations and Conditions of Use

Any unauthorized use of our Website or Site Content for any purpose is prohibited. Your rights to use this Website are given on the condition that you use the Website in accordance with these Terms. You may not use the Website for any unlawful purpose and you may not:

  • Access, solicit, collect or use any personally identifying information about any other users of the Website or anyone else;
  • Restrict or inhibit others from using the Website;
  • Transmit to or introduce at the Website any viruses, harmful software, or other modifications or changes to the Website or reverse engineer, decompile, disassemble, reverse assemble or modify any Website source or object code or any software or other services or processes accessible through any portion of the Website or Site Content;
  • Submit, upload, email or otherwise transmit any content or other materials, to or through the Website which (a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, political marketing, promotional or other commercial purpose;
  • Engage in any activities that interfere with another user’s access to the Website or the proper operation of the Website; or
  • Distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use content from our Website in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands.

V Tool has no obligation to monitor your interaction with the Website, but reserves the right to review or monitor the Website and any user submissions in its sole discretion.

Creating and Terminating Accounts

Some of the features on the Website may require you to register for an account through an online registration process. When you register for an account, you will select login credentials and you agree that: You will not use a username (or e-mail address) used by someone else, that impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity or that is offensive. You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Website using your name, username, or password. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it (or its benefits), all in our sole discretion, for any reason, and without advance notice or liability.

See below for important limitations on the terms of this Section.

Links to Other Sites

When using the Website, you may find that V Tool provides hyperlinks to one or more third-party websites (the “Linked Sites”). V Tool provides these links as a convenience for you and other users but is not responsible for the content of, or links to and from, the Linked Sites. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and privacy policies of the respective Linked Sites, should you choose to visit them since your use of those Linked Sites will be subject to their terms of use and privacy policies. A link from the Website does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices by V Tool.

Disclaimer, Limitation of Liability, and Indemnification

The materials, Site Content and services offered on the Website are provided “AS IS” and ‎without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we ‎disclaim all warranties, express or implied, including, but not limited to, implied warranties of ‎non-infringement, merchantability and fitness for a particular purpose. We do not warrant that ‎the use of the Website will be uninterrupted or error-free, that defects will be corrected, or that ‎the Website or the server(s) that make it available or any advertised or hyperlinked site are free ‎of viruses or other harmful components or that the Website, server(s), or advertised or ‎Linked Sites will be accessible at all times. We do not warrant or make any representations ‎regarding the use of the Website or any information contained therein, including Site Content, ‎with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the ‎entire cost of all necessary servicing, repair or correction to any equipment you use to access ‎the Website. To the extent that applicable law may not allow the exclusion of implied warranties, ‎the above exclusions may not apply to you.‎

Documents, information, graphics and other materials appearing on the Website may include ‎technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such documents, information, graphics or other materials is at your own risk.‎

You waive any and all claims and rights against us and our affiliates, parents, and successors ‎and each of our employees, assignees, officers, agents and directors (the “V Tool Parties”) ‎resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to ‎the maximum extent permitted by applicable law. None of the V Tool Parties will be liable to you ‎under any cause of action, for any direct, indirect, special, incidental, consequential, reliance or ‎punitive damages, including loss of profits or business interruption. You hereby agree to ‎indemnify the V Tool Parties from and against any and all claims, liabilities, and expenses ‎‎(including reasonable attorneys’ fees), resulting from your use of the Website or any breach of ‎these Terms by you.‎

See below for important limitations on the terms of this Section.

Ability to Accept Terms

You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under the age of majority in your jurisdiction, please only register for/use our website with appropriate adult supervision/consent. Please exit now and do not use this Website if you are not authorized.

Site Operated in the United States 

V Tool controls and operates the Website in the United States. If you use our Website from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Website may describe products and services that are available only in certain jurisdictions (or only parts of them). We reserve the right to limit the availability of our Website and/or the provision of any Site Content, program, product, service, or other feature described or available on our Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Site Content, program, product, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Website are set forth in our Privacy Policy above.

Choice of Law and Forum

These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms will be filed only in the state or U.S. federal courts located in the State of Texasand you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms, together with the Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between you and V Tool regarding the use of the Website and the content and services provided on this Website, superseding any prior agreements between you and V Tool relating to the subject matter hereof. 

Severability and Enforceability

If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.

See below for important limitations on the terms of this Section.

Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Website for any reason or for no reason whatsoever, including improper use of the Website or failure to comply with these Terms, and to take any other action we deem appropriate.

User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to V Tool through the Website are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. V Tool shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

Changes to Terms

We may revise these Terms at any time, with or without notice, by updating this page, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes. Your continued use of the Website following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Website, including your access to it. Unless explicitly stated, any new features will be subject to these Terms. 

General

We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time.

If you have any questions or comments on the Website or become aware of misuse of the Website by any person, please contact us at: [email protected]

Exclusions and Limitations; Consumer Protection Notice

If you are a consumer, the provisions in these Terms are intended to only be as broad and inclusive as is permitted by the laws of your state of residence. Certain states have ‎heightened consumer ‎protection laws that may make certain portions of these Terms ‎inapplicable ‎to you. In any event, V Tool reserves all rights, defenses and permissible limitations under the law of your state of residence.

Entire Agreement

These Terms constitute the entire and exclusive agreement between you and V Tool regarding the Website and its use, and supersedes all other agreements, understandings and communications, if any, whether oral or written. 

Contact Us

If you have any questions regarding these Terms or your use of our Website, please contact us at by e-mail at [email protected] or by using the mailing information below:

V Tool Showcases, 1540 Keller Parkway, Suite 108-409 

Keller, Texas 76248

Attn: Brooks Vanlandingham.