Effective Date: April 1, 2025
Terms of Service Agreement
Welcome to our website. Pitch Safe Baseball Coaching LLC (“We,” “Us” or “Company”) provides an online platform, accessible via our website at https://www.pitchsafe.io (Site) and our mobile application known as the PitchSafe App (collectively the “Platform”), designed for baseball athletes that provides proprietary workload tracking technology to monitor physical, mental, and baseball-specific workloads, including connecting to healthcare and performance professionals, and an online community. By accessing Company’s Platform and using the Services, User agrees to comply with and be legally bound by these Terms of Service (Terms), whether User becomes a registered member of the Platform.
Please Read These Terms Carefully Before Using Our Platform Or Services. These Terms Govern User’s Access To And Use Of The Platform And Constitute A Binding Legal Agreement Between User And Company.
User Acceptance of Terms
By accessing or using the PitchSafe Platform, the User agrees to be bound by this Agreement, effective as of the Effective Date stated above. The following conditions apply to the User’s acceptance of the terms of service:
Acknowledgement of Terms: The User acknowledges that they have read, understood, and agree to be bound by all the terms, conditions, and policies outlined in this Agreement.
Age Verification: The User commits to providing accurate age information during account registration and to comply with any age verification processes mandated by the Company.
Consent for Minors: For Users under the age of 18 or age of majority in the User’s state of residency (“Minor”), parental or guardian consent is required before accessing or using the Platform, as specified in Clause 4 (Parent and Guardian Consent for Minors).
Compliance with Guidelines: The User agrees to comply with all guidelines, rules, and policies regarding the use of thePlatform, as detailed in subsequent clauses of this Agreement.
Privacy. The Company is committed to protecting the privacy and security of its users’ personal and sensitive data. The Company collects, uses, and safeguards user data in accordance with our Privacy Notice, which is incorporated into these Terms.
Modifications and Updates: The User accepts that the Company may modify or update the terms of this Agreement at any time. Continued use of the Platform after such modifications will signify acceptance of the updated terms.
Termination of Access: The User acknowledges that failure to comply with the terms outlined in this Agreement may result in termination of their access to the Platform, as detailed in Clause 15 (Termination of Account).
Legal Capacity: The User confirms they have the legal capacity to enter into this Agreement and adhere to its terms.
Who can Use our Platform.
To use the PitchSafe Platform, the User must meet the following eligibility requirements:
Age Requirement: Users must be at least 13 years old to create an account and use the Company’s Platform and Services directly. For Users under the age of 18 (or age of majority in their state of residency), a Parent or Guardian must provide consent to allow minor’s use of the Platform. Our Platform is not intended to be used by children under the age of 13. For athletes under the age of 13, Parents or Guardians are required to set up and manage their child’s account on the Platform.
Parental/Guardian Consent: Users under the age of 18 (or age of majority in their state of residency) must obtain permission from a Parent or Guardian who agrees to be bound by these Terms of Service and accepts responsibility for the User’s compliance.
Geographic Limitation: The Company’s Platform is are available only to individuals in regions where the use of such Platform is permitted by law. Users must ensure that their use of the Company’s Platform complies with local, state, and federal regulations.
Account Accuracy: Users must provide accurate and truthful information during account registration. This includes providing correct age details to ensure compliance with age-specific regulations.
Compliance with Terms: Users must agree to and comply with the Terms of Service, Privacy Notice, and any other applicable policies set forth by the Company. Failure to meet or adhere to these requirements may result in the suspension or termination of the User’s account.
Health and Safety: Users engaging in physical activities through the app must ensure they are in appropriate health condition to participate. Users are advised to consult with healthcare or fitness professionals before commencing any training program to verify they are fit for such activities.
Account Registration And Security
Account Registration: To utilize our platform, you are required to create an account. You agree that any information you provide and maintain is accurate, current, and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian. The User must also create a username and password that comply with our security standards.
Age Verification and Parental Consent: Users under the age of 18 (or majority in their state of residency) must obtain parental consent before registration. The registration process will include a pop-up notification for Minor users to inform them that they cannot proceed without a parent/guardian completing the consent process. Parents/guardians must review the Terms of Service and Privacy Notice, provide consent, verify their identity, and complete the sign-up process on behalf of the minor.
Security Measures: The Company implements various security measures to protect the User’s Personal Data and Sensitive Data, including encryption, secure socket layer (SSL) protocols, and regular security audits. The User is responsible for safeguarding their account credentials and must notify the Company immediately of any unauthorized use or suspicious activity.
Data Accuracy and Updates: The User agrees to provide accurate information during registration and to update their account information promptly if there are any changes. The Company is not responsible for issues arising from inaccurate or outdated information provided by the User.
Restricted Access and User Responsibility: The User must ensure that account access is restricted to the registered individual. Sharing account credentials or allowing unauthorized users to access the platform is prohibited. The User is responsible for all activities conducted under their account.
Parent And Guardian Consent for Minors
For Minor Users aged 13 to 18 or the age majority in their state of residency, the following requirements for obtaining consent from Parents or Guardians ("Parent/Guardian") apply:
Consent Requirement: All Minor Users must obtain parental consent before they can use the Company’s digital baseball platform. The consent must be obtained in compliance with applicable laws.
Age Verification: During the account registration process, Users must accurately input their date of birth. If they are under 18 years old, a notification will inform them that parental consent is required to continue use of the Platform.
Parental Outreach: The platform will provide a shareable link via email, SMS, or copy to the Parent/Guardian to complete the sign-up process on behalf of the Minor User.
Parental Registration: The Parent/Guardian must review the Terms and Conditions and Privacy Notice, provide consent, and confirm their identity either through an email verification process or SMS verification process.
Data Access and Control: Parents/Guardians will have visibility and control over their child’s data, including the ability to monitor, modify, or delete information.
Limited Data Collection: Only the necessary information, such as the Minor User’s name, date of birth, and injury/health-related data, will be collected for providing training or injury prevention services.
Responsibility: Parents/Guardians accept full responsibility for their minor’s use of the platform and any activities resulting from its recommendations.
Compliance: The Company ensures all processes comply with local, state, and federal regulations related to parental consent and data protection for Minor Users.
Acceptable Use
The User agrees to use the Company's Platform in accordance with the following guidelines:
Purpose of Use: The digital application is designed to assist in athletic training, injury prevention, and workload management, as well as to facilitate communication within the online community. Users are to use the application for these purposes only.
Compliance with Laws: Users must comply with all applicable local, state, and federal laws while utilizing the Platform.
User Responsibility: Users are responsible for the accuracy of the data they provide, which directly influences the recommendations and outcomes generated by the application. Users should consult with healthcare professionals before acting on any advice provided by the application.
Prohibited Actions: Users must not attempt to reverse-engineer, modify, or gain unauthorized access to the digital application and its Proprietary Technology. Furthermore, users should not upload harmful content, violate privacy, or misuse the platform in any unlawful or disruptive manner.
Maintenance and Updates: The Company reserves the right to update, modify, or discontinue the digital application at any time, with or without notice. Users will be expected to use the updated version of the application when it becomes available.
Account Security: Users must maintain the confidentiality of their account credentials and are responsible for all activities that occur under their account. The Company should be notified immediately in case of any unauthorized use of the account or security breach.
Online Community Guidelines
Participation in the Online Community is a vital part of the Company’s service offering. Users are encouraged to interact with fellow members, including their peers, coaches, and connected care providers, in a manner that fosters a respectful, supportive, and productive environment. The following guidelines must be adhered to when participating in the Online Community:
Respectful Communication: All interactions within the Community must be conducted with respect and consideration for others. Bullying, harassment, discrimination, or any form of abusive behavior will not be tolerated.
Appropriate Content: Users must not post or share offensive, obscene, or inappropriate content, including but not limited to images, videos, or text that may be deemed harmful or unsuitable for the community environment.
Personal Information: Users should not share personal or sensitive information of others without their explicit consent. This includes health data, contact details, and any other confidential information.
Relevance: Contributions to forums, discussions, or chats must be relevant to the topics at hand. Spamming or flooding the community with irrelevant or repetitive content is prohibited.
Constructive Feedback: Users are encouraged to provide constructive feedback when engaging in discussions or responding to posts. Criticism should be delivered in a manner that is helpful and aimed at improving the community.
Lawful Activity: Users must comply with all applicable local, state, and federal laws while participating in the Community. Any activity that may be considered illegal will result in immediate action.
Content Ownership: Users retain the rights to their own content, but by posting within the Community, they grant the Company a non-exclusive, royalty-free license to use, distribute, and display such content within the platform. The Company does not claim ownership of user-generated content but may remove or edit content that violates these guidelines.
Copyright Policy. PitchSafe respects copyright law and expects its Users to do the same. It is the Company’s policy to terminate in appropriate circumstances the User Accounts who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Matt Tabor who can be reached as follows:
Mailing Address:
Attn: Copyright Agent
20134 Olds Drive, Porter, TX 77365
Phone:
Email: contact@pitchsafe.co
i. Reporting Violations: Users are encouraged to report any violations of these guidelines to the Company’s support team. The Company reserves the right to investigate and take appropriate action, including but not limited to content removal, warnings, suspension, or termination of accounts for violations of these guidelines.
Connected Care Services
Connected Care Services offer users personalized support through collaborations with healthcare and performance professionals. These services are integrated within the PitchSafe Platform and designed to enhance user experience by providing specialized care based on individual needs and requirements. Connected Care Services include, but are not limited to, the following features:
Personalized Training Plans: Users receive custom training schedules curated by healthcare professionals and baseball coaches to optimize performance and reduce injury risk.
Real-Time Health Monitoring: Users can track various health metrics such as physical workload, fatigue levels, and injury history using the proprietary workload tracking technology integrated into the platform.
Access to Healthcare Professionals: Users have the ability to consult with licensed healthcare providers for advice and treatment plans tailored to baseball-specific requirements. This may include consultations on injury prevention, physical therapy, and nutritional guidance.
Sensitive Data Handling: Sensitive Data collected as part of the Connected Care Services, especially from minors, is handled with strict confidentiality and in accordance with the data privacy standards outlined in our Privacy Notice.
Community Engagement: Through the online community, users can interact with healthcare professionals, coaches, and other players, sharing insights, feedback, and support within a safe and moderated environment.
Educational Content and Workshops: Users have access to exclusive content, including webinars, tutorials, and workshops on various aspects of baseball training, health, and wellness, delivered by experts in the field.
Users acknowledge that Connected Care Services are supplementary and not a replacement for professional medical advice, diagnosis, or treatment. They are encouraged to consult healthcare providers independently before making any significant changes to their training or health management plans.
Intellectual Property Rights
Ownership Rights: The Company retains all rights, title, and interest in and to all Intellectual Property and Proprietary Technology associated with the Pitchsafe Platform, including but not limited to algorithms, software code, data analytics models, educational content, brand-specific content, trademarks, and community-specific features.
User-Generated Content: By uploading or sharing any content, such as videos, performance metrics, or feedback, the User grants the Company a non-exclusive, royalty-free, worldwide license to use, modify, reproduce, and distribute such content for the purpose of providing, improving, and promoting the Company’s Platform. The User retains ownership of their content.
Restrictions on Use: The User is prohibited from copying, distributing, modifying, reverse-engineering, or creating derivative works from any Proprietary Technology or Intellectual Property of the Company without prior written consent. Any unauthorized use may result in termination of the User’s access to the platform and potential legal action.
License to Use: The Company grants the User a limited, non-exclusive, non-transferable license to access and use the content, tools, and services provided through the Platform, strictly in accordance with this Agreement and for personal, non-commercial purposes.
Protection Measures: The Company employs various measures to protect its Intellectual Property and Proprietary Technology from unauthorized use, including but not limited to technological safeguards and legal enforcement actions. Users are required to comply with all such measures.
Trademarks and Branding: The Company’s logos, names, trademarks, and branding elements are protected under applicable trademark laws. Users may not use these marks without prior written permission.
Infringement Notification: If the User believes that their Intellectual Property rights have been infringed upon by other users of the platform, they must notify the Company with details of the alleged infringement. The Company will address such claims promptly.
Enforcement and Consequences: Violation of this clause may result in immediate termination of the User's account, removal of infringing content, and potential legal consequences, including but not limited to monetary damages and injunctive relief.
User Conduct and Prohibited Actions
Users are required to adhere to the following rules regarding their behavior on the Platform and within the online community. Failure to comply with these rules may result in disciplinary actions, including warnings, suspension, or termination of the account:
Intellectual Property (IP) Violations:
Users are prohibited from copying, distributing, or reselling proprietary content such as courses, videos, guides, or tools without proper authorization.
Users must not engage in reverse-engineering or attempting to replicate proprietary algorithms, software, or features.
Using or displaying trademarks, logos, or branding without permission is strictly forbidden.
Misuse of the Platform:
Creating multiple accounts or false profiles to manipulate app features or community interactions is prohibited.
Users must not share account credentials or allow unauthorized users to access the platform.
Uploading harmful files, viruses, or malware that could compromise the app or other users’ devices is forbidden.
Inappropriate Content or Behavior:
Users must not upload or share offensive, obscene, or discriminatory content.
Harassment, bullying, or threatening other users, including parents, coaches, or staff, is strictly prohibited.
Spamming forums, chats, or other community spaces with irrelevant or disruptive content is not allowed.
Data and Privacy Violations:
Users must not share personal or sensitive data of others without their explicit consent.
Attempting to scrape, mine, or extract data from the app for unauthorized purposes is prohibited.
Accessing accounts or information that does not belong to the user is forbidden.
Unethical Use of Services:
Misrepresenting injury data, metrics, or other information for personal gain is not allowed.
Using the platform for non-approved commercial purposes, such as promoting unrelated services or products, is prohibited.
Manipulating feedback systems, such as submitting false reviews or ratings, is forbidden.
Legal and Compliance Violations:
Users must comply with age verification processes and not bypass parental consent requirements.
Violating applicable local, state, or federal laws while using the platform is strictly prohibited.
Engaging in fraudulent activities, such as providing false payment details or identity theft, is forbidden.
Attempts to Undermine Security:
Users must not attempt to hack, disrupt, or interfere with the app's functionality or security features.
Using automated tools or bots to interact with the app or community in unauthorized ways is prohibited.
Third Party Links
The Platform may contain links to third-party websites or resources. User acknowledges and agrees that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources. User acknowledges sole responsibility for and assumes all risk arising from User’s use of any such websites or resources or the content, products, or services on or available from such websites or resources.
Indemnification
You agree to indemnify, defend and hold PitchSafe and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL PITCHSAFE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR CONTENT IS TO CEASE ALL OF YOUR PLATFORM USE.
THIS INCLUDES BUT IS NOT LIMITED TO ANY DAMAGES RESULTING FROM:
The use of any recommendations provided by the Company’s proprietary workload tracking technology or digital application. Users acknowledge that recommendations are for informational purposes only and should not replace professional medical advice, diagnosis, or treatment, and no specific outcomes are guaranteed.
Connected Care Services, and any interactions users may have with third-party healthcare and performance professionals through these services. The Company does not endorse or guarantee the quality, accuracy, or effectiveness of these third-party services, and users engage with such providers at their own risk.
Errors, inaccuracies, or incomplete information in the data provided by the Company’s algorithms, sensors, or user-generated content. Users are responsible for the accuracy of the information they input into the Company’s digital application.
Interruptions, delays, or errors in the functionality of the Company’s digital application, including any server outages or technical issues.
The Company's total liability to users shall not exceed the amount paid by the user for the services in the twelve-month period preceding the event giving rise to the liability, or one hundred dollars (USD $100), whichever is less. The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits or data loss.
By engaging in any physical activities recommended by the Company's services, users acknowledge and assume all risks associated with such activities and agree to waive any claims against the Company for injuries sustained. Parents or guardians of Minors under the age of 18 (or age of majority in their state of residency) accept full responsibility for supervising their Minor's use of the Company’s services and any resulting activities.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Disclaimers
General Disclaimer: The Services provided by the Company, including but not limited to the Platform, “connected care” services, and any recommendations or content, are for informational and educational purposes only. The Company does not guarantee any specific outcomes or results from using these Services.
THE INFORMATION ON THIS PLATFORM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS PLATFORM IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE PLATFORM.
Not Medical Advice: All content and recommendations provided through the Services are not a substitute for professional medical advice, diagnosis, or treatment. Users should consult with qualified healthcare professionals before implementing any recommendations.
Third-Party Providers: The Company connects users with third-party healthcare and performance professionals through its “Connected Care” services. The Company is not responsible for the accuracy, quality, or effectiveness of the services provided by these third-party professionals. Inclusion of any third-party provider in the Services does not constitute an endorsement, and users engage with these providers at their own risk.
Technology and Data Accuracy: The Company makes reasonable efforts to ensure the accuracy of the data and recommendations provided through its platform. However, the Company is not liable for any errors, inaccuracies, or incomplete information provided by its algorithms, sensors, or user-generated content. Users are responsible for the accuracy of the information they input, which affects recommendations and outcomes.
Service Interruptions: The Company is not liable for any damages resulting from interruptions, delays, or errors in the functionality of the Services, including but not limited to server outages or technical issues.
Risk Acknowledgement: Users acknowledge and accept the inherent risks associated with engaging in physical activities based on the Company’s recommendations. Users agree to assume full responsibility for any injuries sustained while following such recommendations. Parents or guardians of minors must accept full responsibility for supervising their Minor’s use of the Platform and any activities resulting from its recommendations.
Legal Compliance: This clause is intended to comply with local laws and does not override mandatory consumer protection rights in certain jurisdictions. Any disputes regarding this clause shall be resolved through arbitration as specified in the Dispute Resolution clause.
Dispute Resolution
PLEASE REVIEW THE DISPUTE RESOLUTION AND MEDIATION REQUIREMENT SET FORTH BELOW. YOU EXPRESSLY ACKNOWLEDGE REVIEWING AND UNDERSTANDING THESE DISPUTE RESOLUTION REQUIREMENTS AND HAS TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
THESE REQUIREMENTS PRECLUDE USER FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST COMPANY AND FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST COMPANY BY ANOTHER PARTY.
FURTHERMORE, USER ACKNOWLEDGES AND AGREES TO WAIVE ANY RIGHT TO A TRIAL BY JURY. USER AND COMPANY EACH RETAIN THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION RELATING TO ANY DISPUTE THAT IS PROPERLY THE SUBJECT OF THIS ARBITRATION AGREEMENT.
Mediation. In the event of a dispute related to this Agreement, the Party seeking corrective action will provide the other Party notice of the dispute and include a reasonable description of the basis for the disagreement and the Party’s desired resolution. The Parties will meet and discuss the issue in good faith as soon as reasonably possible and, in no event more than fifteen (15) business days after such notice is received. If the Parties are unable to agree upon the appropriate corrective action to be taken or otherwise resolve the dispute within such period, the parties agree to submit the dispute to mediation with a mutually agreeable mediator. If a party opts out of mediation, disputes shall be filed in the courts located in Harris County, Texas.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Termination Of Account
The User’s account may be terminated by the parties under the following conditions and procedures:
Voluntary Termination by the User: The User may request to terminate their account at any time by contacting the Company through the designated customer support channel. The User must provide a reason for the termination and upon verification, the Company will deactivate the account within 10 business days of receiving the request.
Termination by the Company: The Company reserves the right to terminate the User’s account immediately and without prior notice under the following circumstances:
Violation of Terms: If the User violates any of the terms specified in this Agreement, particularly those pertaining to User Conduct and Prohibited Actions, or any other policies referenced herein.
Fraudulent Activities: If the User engages in fraudulent activities, including but not limited to providing false information during registration, misrepresenting health data, or unauthorized use of the Company’s intellectual property.
Legal Requirement: If the Company is required to do so by law or governmental authority, or if continued provision of services to the User would cause the Company to violate any applicable law, regulation, or ethical obligations.
Account Inactivity: If the User's account remains inactive for a period exceeding 12 months, the Company may terminate the account after notifying the User via email and allowing a grace period of 30 days for reactivation.
Consequences of Termination: Upon termination of the account, the User’s access to the digital application, connected care services, and online community will be revoked. The Company will delete or anonymize the User’s personal data in accordance with its Data Collection and Privacy policy. However, some data may be retained as required by law or for legitimate business purposes, as stated in the policy.
Appeals and Reinstatement: If the User believes their account has been wrongfully terminated, they may appeal the decision within 20 days by providing a written statement and any supporting materials to the Company’s customer support. The Company will review the appeal and provide a determination within 14 days. If the appeal is successful, the User’s account may be reinstated subject to any conditions deemed appropriate by the Company.
Changes To Terms of Service
Modification Rights: The Company reserves the right to modify or update the terms of this Agreement at any time. Any changes will be effective immediately upon posting the revised Agreement on the Company's digital baseball platform. The ‘Effective Date’ of the updated Agreement will be clearly indicated at the top of the document.
Notification of Changes: The Company will notify users of significant changes to the terms of service via email or through prominent notices on the Platform. Users are encouraged to review the Agreement periodically to stay informed of any updates.
User Acceptance of Changes: By continuing to use the Company’s Platform after the updated Agreement has been posted, the user agrees to be bound by the revised terms. If the user does not agree with the modifications, they must discontinue use of the Company’s Platform immediately
Specific Protections for Minors: For users aged 13 to 18 (or age of majority in their state of residency), any changes to the terms that affect data collection practices or parental consents will be communicated to the parents or guardians directly, and consent will be re-obtained if required by applicable laws.
Dispute Resolution: Any disputes arising from changes to the terms of service will be handled in accordance with the dispute resolution procedures defined in Clause 14 of this Agreement.
General Provisions
Entire Agreement: This Agreement, including any documents incorporated by reference, constitutes the entire agreement between the Company and the User and supersedes any prior agreements, understandings, or communications related to the subject matter herein.
Governing Law & Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The Parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Harris County, Texas.
Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable.
Waiver: The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of that right or provision.
Assignment: The User may not assign or transfer their rights or obligations under this Agreement without the prior written consent of the Company. The Company may freely assign this Agreement without the User's consent.
Notices: Any notices or other communications required or permitted under this Agreement will be in writing and will be delivered by email to the address provided by the User during account registration or by posting on the Company’s platform.
Headings: The section headings in this Agreement are for convenience only and shall not affect the interpretation of any provision.
Relationship of Parties: Nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, joint venture, or agency relationship between the parties.
Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, or internet outages.
Amendments: This Agreement may only be amended or modified by the Company in writing. Any changes will be communicated to the User and will take effect upon acceptance of the revised terms by the User.
Contact Information:
PITCHSAFE BASEBALL COACHING, LLC
Address: 20134 Olds Drive, Porter, TX 77365
Phone:
Email: contact@pitchsafe.co