Terms of Service
These Terms of Service ("Terms") govern your use of the ProFormance website and app (the "Service"), operated by Replay Baseball LLC ("ProFormance," "we," "us"). By signing in or using the Service, you agree to these Terms. If you are under 18, a parent or guardian must agree to these Terms for you.
1. Accounts
- Accounts are created by a training facility ("Facility"). You may only use the account the Facility set up for you, with the email address on file.
- Keep your sign-in secure and don't share your account. Tell your Facility or us right away if you think someone else has used it.
- The Facility controls which athletes, coaches and parents are connected, and can deactivate accounts.
2. Parents and guardians
If an athlete is under 18, the athlete's parent or legal guardian agrees to these Terms on the athlete's behalf and on their own behalf, consents to the athlete's use of the Service and to the collection of the athlete's information as described in our Privacy Policy, and is responsible for the athlete's use of the Service, including any videos or other content the athlete uploads.
3. Using the Service
You agree not to:
- upload anything unlawful, harassing, hateful, sexual, or that violates someone else's privacy or rights;
- upload images or video of other people without their permission (and a parent's or guardian's permission for minors);
- try to access accounts or information you aren't allowed to see, or interfere with the Service's security or operation;
- copy, resell or reverse-engineer the Service.
We or the Facility may remove content or suspend accounts that break these rules.
4. Your content, name and likeness
You keep ownership of the videos, photos, messages and other content you upload. You give ProFormance a limited permission to store, process and display that content only as needed to provide the Service to you, your Facility and the people you share it with (for example, your coaches and connected parents). This permission ends when the content is deleted, except for backups kept for a limited time.
ProFormance does not use your or your athlete's videos, photos, name, voice or likeness for advertising or marketing. Any use of your image or likeness by your Facility, such as for its own promotion, is governed by your separate agreement with that Facility (for example, its participation waiver or media release), not by these Terms.
5. Training activity and assumption of risk
The Service lets coaches assign workouts, drills, testing and other physical training, some of which athletes may complete away from the Facility and without direct supervision. You understand and agree that:
- Baseball and athletic training activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death. These risks may be caused by your own actions or inactions, the actions of others, the conditions or equipment where the activity takes place, or other causes, and there may be risks that are not known or reasonably foreseeable.
- Before doing any activity shown in the Service, you (or, for a minor, the parent or guardian) are responsible for deciding that the athlete is qualified, in good health and in proper physical condition to do it, and for using a safe space and proper equipment.
- If at any time conditions seem unsafe, or the athlete feels pain, dizziness or discomfort, the athlete will stop immediately and, where appropriate, seek medical attention.
- To the fullest extent permitted by law, you voluntarily accept and assume these risks for activities you perform using information from the Service.
Activities at your Facility, including sessions, lessons, camps and events, are also governed by the Facility's own participation agreement and waiver. These Terms do not replace or limit that agreement.
6. Not medical advice
Training plans, assessments, wellness check-ins, reports and other information in the Service are for athletic development only. They are not medical advice, diagnosis or treatment, and a wellness check-in is not a substitute for evaluation by a qualified medical professional. Coaches may see check-in answers, but no one monitors them in real time; in an emergency, call 911.
7. The Facility's role
Your Facility, not ProFormance, provides coaching and training and is responsible for its programs, staff and communications with you. Questions about training, scheduling, fees or your Facility's policies should go to your Facility.
8. Availability and changes
We work to keep the Service available and secure but can't promise it will always be uninterrupted or error-free. We may update, add or remove features. We may update these Terms; if the changes are significant, we'll notify users or Facilities, and continuing to use the Service means you accept the updated Terms.
9. Ending your use
You can stop using the Service at any time and ask your Facility or us to delete your account. We or the Facility may suspend or end access for violations of these Terms or when the Facility's use of ProFormance ends. Sections 4 (as to backups), 5, 6, 10, 11, 12 and 13 continue after access ends.
10. Disclaimers and limits of liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PROFORMANCE AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, AND OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. Some places don't allow these limits, so they may not apply to you.
11. Indemnity
To the fullest extent permitted by law, you (and, for a minor, the parent or guardian) agree to indemnify and hold harmless ProFormance and its owners, members, officers, employees and agents from claims, losses, liabilities, damages, costs and reasonable attorney fees arising from your content, your violation of these Terms, or your violation of anyone else's rights.
12. Governing law
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law rules. Any dispute will be handled in the state or federal courts located in Virginia, unless the law requires otherwise.
13. General
These Terms and the Privacy Policy are the entire agreement between you and ProFormance about the Service. If any part of these Terms is found invalid or unenforceable, the rest stays in full force and effect. If we don't enforce a part of these Terms right away, we haven't waived it. You may not transfer these Terms; we may transfer them as part of a merger, sale or reorganization.
14. Contact
Replay Baseball LLC
42920 Piccadilly Plz., #160
Ashburn, VA 20147
support@proformanceos.com