TERMS OF SERVICE AGREEMENT

Effective Date: April 1, 2025

Welcome to our website. Pitch Safe Baseball Coaching LLC ("Company", "we", "our", or "us") provides this website and related services (collectively, the "Services") to you subject to the following Terms of Service Agreement ("Terms"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. ACCEPTANCE OF TERMS

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms.

2. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Effective Date" above. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

3. USE OF SERVICES

3.1 Eligibility

You must be at least 18 years old to use our Services. If you are under 18, you may only use the Services with the involvement of a parent or guardian.

3.2 Account Registration

To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. PROHIBITED CONDUCT

You agree not to:

  • Use the Services for any illegal purpose or in violation of any local, state, national, or international law
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights
  • Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate
  • Interfere with security-related features of the Services
  • Interfere with the operation or any user's enjoyment of the Services
  • Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data
  • Attempt to gain unauthorized access to the Services, user accounts, or computer systems or networks
  • Use the Services to send spam or other unsolicited messages
  • Harvest or collect email addresses or other contact information of other users
  • Use the Services in any way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services

5. INTELLECTUAL PROPERTY

5.1 Company Content

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 User Content

You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with providing and promoting the Services.

6. PAYMENT AND BILLING

6.1 Subscription Fees

Certain features of the Services may require payment of fees. You agree to pay all fees associated with your use of such features. All fees are non-refundable unless otherwise stated.

6.2 Automatic Renewal

Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your subscription plan). Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date.

6.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period.

6.4 Payment Processing

Payments are processed through third-party payment processors. By providing your payment information, you agree to the terms and conditions of our payment processors.

7. DISCLAIMER OF WARRANTIES

THE SERVICES 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Services
  • Any conduct or content of any third party on the Services
  • Any content obtained from the Services
  • Unauthorized access, use, or alteration of your transmissions or content

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of another
  • Your User Content

10. TERMINATION

We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to violation of these Terms. Upon termination, your right to use the Services will immediately cease.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Harris County, Texas.

12. MISCELLANEOUS

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Services.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

12.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

13. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Pitch Safe Baseball Coaching LLC

20134 Olds Drive, Porter, TX 77365

Email:

contact@pitchsafe.co