YOUTH INC. TERMS AND CONDITIONS
INTRODUCTION
BY ACCESSING AND USING THE YOUTH INC. WEBSITE, MOBILE APPS, AND OTHER DIGITAL PROPERTIES (COLLECTIVELY, THE "PROPERTIES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to be bound by these terms, you may not access or use the Properties.
These Terms and Conditions may be prospectively changed, modified, or altered by Youth Sports Commerce, Inc. ("Youth Inc.", "we", "us", or "our") in our sole discretion at any time without prior notice. If we materially change these Terms and Conditions, we will notify you through a notice, updated Terms and Conditions on the Properties, or by email prior to or upon the change(s) becoming effective. Your continued use of the Properties following the posting of any changes to these Terms and Conditions means that you accept such changes.
ELIGIBILITY
The Properties are intended for users who are residents of the United States and who are at least 13 years of age. By using the Properties, you represent and warrant that:
•You are at least 13 years of age;
•If you are under 18 years of age, you have the consent of a parent or guardian;
•All information you submit is truthful and accurate;
•You will maintain the accuracy of such information; and
•Your use of the Properties does not violate any applicable law, rule, or regulation.
ACCOUNT REGISTRATION
When you create an account with us, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
USE OF THE PROPERTIES
You agree not to engage in any of the following prohibited activities, as determined by us in our sole discretion:
•Copying, distributing, or disclosing any part of the Properties in any medium;
•Attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Properties;
•Using the Properties for any illegal or unauthorized purpose;
•Using the Properties for any commercial purpose without our prior written consent;
•Attempting to impersonate another user or person;
•Using the account, username, or password of another user;
•Displaying an advertisement or accepting payment from a third party to perform commercial activity through the Properties;
•Using the Properties for offensive, harassing, threatening, libelous, abusive, obscene, or privacy-invading purposes; or
•Attempting to include any of the following in merchandise that is offered for sale through the Properties and that permits user-added content (e.g., a personalized jersey): (i) images that contain obscene, profane, pornographic, or otherwise objectionable content; (ii) images, names, or likenesses owned by any third party without such third party's authorization; (iii) any content that violates the intellectual property rights of others.
Using the Properties, or receiving messages related to the Properties, on mobile devices may cause you to incur messaging or data charges with your wireless provider. Youth Inc. has no control over or responsibility for such charges.
COMMERCE PLATFORM
Youth Inc. operates and maintains an online commerce platform (the "Commerce Platform") and is responsible for providing all required technology, order processing, fulfillment, customer service, and related services necessary for the Commerce Platform to perform. Youth Inc. may make changes and alterations to the Commerce Platform as necessary to comply with applicable laws, rules, regulations, and policies. You are responsible for your own hardware, software and services (such as computers, mobile devices, web browsers and Internet access) necessary to access and use the Properties and for payment of all fees involved in obtaining such hardware, software and services.
Youth Inc. will be the seller of record for all goods and services sold through the Commerce Platform and will be solely responsible for establishing selling prices and determining, reporting, remitting, and paying all sales and similar taxes on such goods and services.
PROMOTIONS, DISCOUNTS, AND COUPONS
From time to time, we may offer promotions, discounts, or coupon codes ("Offers"). Unless otherwise prohibited by law, any Offer:
•Is valid only at the Property identified in the Offer and at no other location;
•Applies to in-stock merchandise only and not to gift cards or services;
•Is not valid for cash or cash equivalents;
•Is limited to one Offer per person, household, or address;
•Must be entered at checkout and/or in your account to be redeemed;
•May not be combined with any other coupons or offers;
•May only be used once;
•Expires on the date specified or as required by applicable law; and
•Cannot be reproduced, modified, sold, traded, or used to pay any tax, shipping, handling, or any value-added service.
MERCHANDISE AND ORDERS
All merchandise is subject to availability. We reserve the right to limit quantities, discontinue products, or change specifications at any time without notice.
Your payment will be charged once your order has shipped. If non-payment occurs due to a failed payment transaction, we may terminate the order.
We accept major credit and debit cards through our third-party payment service provider. Your use of the Properties and payment processing is subject to the payment processor's terms and conditions rather than these Terms and Conditions, and we are not responsible for the acts or omissions of any third-party payment service provider. As a condition of using payment processing, you must provide accurate and complete information.
INTELLECTUAL PROPERTY
All content on our Properties, including text, graphics, logos, designs, photographs, videos, and other content (collectively, "Content"), is owned by Youth Inc. or others we license content from and is protected by copyright, trademark, and other laws. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Properties.
Youth Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Properties and Content solely for personal, non-commercial purposes. Youth Inc. reserves the right to monitor your use of the Properties and Content and to alter or revoke this license at any time and for any reason. Except as expressly set forth herein, you do not acquire a license or any ownership rights to any Content.
You agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content without Youth Inc.'s prior written consent.
USER-GENERATED CONTENT
Users may have the opportunity to submit content to the Properties ("User Content"). You retain all ownership rights in User Content you submit; however, by submitting User Content, you grant Youth Inc. a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Properties and Youth Inc.'s business.
You represent and warrant that your User Content does not violate any third party's rights, including but not limited to intellectual property rights and privacy rights, and complies with all applicable laws and regulations.
PRIVACY
Our Privacy Policy describes how we collect, use, and share personal information in connection with your use of our Properties. By using the Properties, you consent to our collection, use, and sharing of your information as described in our Privacy Policy.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Properties may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Youth Inc. and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Any Linked Sites are only provided as a convenience, and the inclusion of any link does not imply endorsement by Youth Inc. of the site or any association with its operators.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROPERTIES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUTH INC. DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUTH INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PROPERTIES. SUBJECT TO THE FOREGOING, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PROPERTIES OR THESE TERMS AND CONDITIONS IS LIMITED, IN THE AGGREGATE, TO THE GREATER OF (1) THE TOTAL AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT FIRST GIVING RISE TO OUR LIABILITY OR (2) FIFTY DOLLARS ($50.00). CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY. TO THE EXTENT THAT YOUTH INC. MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE PROPERTIES OR THESE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE CALENDAR YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Youth Inc., its affiliates, and our and their respective officers, directors, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Properties or your violation of these Terms and Conditions.
TERMINATION
Youth Inc. may terminate or suspend your account and bar access to the Properties immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms and Conditions.
CUSTOMER SERVICE
If you have any questions about these Terms and Conditions or need assistance with an order, please contact our customer service team at help@youth.inc.
GOVERNING LAW; JURISDICTION; JURY WAIVER
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms and Conditions shall be brought exclusively in the state or federal courts located in Delaware. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND YOUTH INC. IN ANY STATE OR FEDERAL COURT, YOU HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
SEVERABILITY
If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
ADDITIONAL TERMS
These Terms and Conditions constitute the entire agreement between you and Youth Inc. regarding the use of the Properties and supersede all prior and contemporaneous agreements and understandings, written or oral, between you and Youth Inc. relating thereto. These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns. These Terms and Conditions and all of your rights and obligations under them shall not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect. Even after your rights under these Terms and Conditions are terminated, all provisions of these Terms and Conditions which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
COMMUNICATING WITH YOU
By using the Properties, you consent to receiving communications in any form from Youth Inc. in connection with the Properties, including but not limited to the following: by mail, by electronic mail, by telephone (landline or wireless), by website or in-app messaging, by push notification and by text messages (i.e., SMS and/or MMS communications). Furthermore, you hereby consent to receiving calls or text messages from Youth Inc. in connection with the Properties made to wireless telephone numbers that are automatically dialed and/or include pre-recorded messages.
COMMENTS AND QUESTIONS
All feedback, comments, and other communications relating to the Properties or these Terms and Conditions should be directed to us at the following email address: help@youth.inc.
Last Updated: April 30, 2025