Privacy Policy of Pro Speed Baseball
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prospeedbaseball.com Privacy Policy
Pro Speed Baseball respects your privacy and is committed to protecting the Personal
Information (defined below) that you may provide us while using this Web Site (as
defined below). We currently operate the website prospeedbaseball.com, including all of
its subsites (typically any web pages which end in prospeedbaseball.com) and all
software, products, features and services made available, displayed or offered by or
through our web site or subsites (collectively, the “Web Site”). From time to time we may
add new subsites to the Web Site that may not initially be listed above, but such subsites
will provide a link to this Privacy Policy and will be governed by this Privacy Policy and
the Pro Speed Baseball Web Site Terms and Conditions of Use (the “Terms of Use”). This
Web Site is published and maintained by Pro Speed Baseball, with offices located at
602 Cornerstone Ct. Hillsborough NC 27278 (“Pro Speed Baseball”).
Pro Speed Baseball, together with its subsidiaries, are collectively referred to in this
Privacy Policy as “we,” “us,” “our,” or other similar pronouns, or “Pro Speed Baseball
Family.”
I. What and Who This Applies To
This privacy policy ("Privacy Policy") governs your use of Pro Speed Baseball's Web Site.
As we update and expand our services, this Privacy Policy may change and this page will
be updated accordingly. If we consider any of these changes to be significant, we may
notify you of such changes in other ways as well. This Privacy Policy is incorporated into,
and part of, the Terms of Use, which governs your use of this Web Site in general. This
Privacy Policy covers all of Pro Speed Baseball's Web Site. It does not, however, apply to
entities thatPro Speed Baseball does not own or control, such as third party advertisers,
sponsors, licensors, licensees, service providers and Pro Speed Baseball affiliates or
trainers holding Pro Speed Baseball certificates.
This Privacy Policy does not apply to information that you may provide to us, or that we
may obtain, other than through our Web Site, such as by phone, through postal mail, inperson
such as at events and competitions and through other live and print media. You
may obtain copies of our privacy policies applicable to information collected other than
through our Web Site, by sending us a request in writing that specifies how and when
your information was provided to us.
This Web Site is intended for users who are located in the United States of America and
Canada. This Privacy Policy shall be interpreted under the laws of the United States. By
accessing or using the Web Site, you agree to our privacy practices outlined here.
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II. Purpose
Your privacy is a serious matter to us. We are committed to respecting the privacy rights
of our Web Site visitors and users. In order to make your visits to our Web Site and use of
the services available through our Web Site as worthwhile as possible, we may ask you
for Personal Information and we may collect certain information from your computer
when you visit us or use certain features on the Web Site. “Personal Information”
includes, for example, your name; home and/or business address; e-mail address;
telephone, wireless and/or fax number; short message service or text message address
or other wireless device address; instant messaging address; demographic information
(such as gender or nationality); health information; exercise and diet habits; and/or other
information that may identify you as an individual or allow online or offline contact with
you as an individual. This privacy statement explains, in general, what Personal
Information and other information is collected on our Web Site, how the information is
used, and with whom we may share such information. Please take a few minutes to read
our Privacy Policy so that you understand howPro Speed Baseball treats your
information.
III. Right to Opt In and Opt Out
You may have the right to “opt in” and “opt out” of certain of our uses of your Personal
Information. For example, at the time you are requested to provide Personal Information
on this Web Site, you may have the opportunity to elect to, or not to: (1) receive
correspondence from us, or (2) have your Personal Information shared with other entities
(outside of The Pro Speed Baseball Family) for their marketing purposes. You may also
make this request by sending an e-mail to opt-out@prospeedbaseball.com. Users may
opt not to receive our electronic newsletters or those of third parties when providing
Personal Information. Users who opt in may remove themselves from mailing lists at any
time through the account-management pages or by following the instructions
at the end of the e-mail they received from us. If you opt not to provide certain Personal
Information when registering for or using our Web Site, however, you may not be able to
use some of our services such as message boards, participate in some of our events.
Please understand that if you opt out of receiving promotional correspondence from us,
we may still contact you in connection with your relationship, activities, transactions and
communications with us. Also, a request to have us stop sharing your Personal
Information with other entities for marketing purposes will only apply as of the date of
your request, and we will not be responsible for any communications that you may
receive from entities that received your Personal Information prior to such request. In
these cases, please contact that entity directly.
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IV. What Information is Collected on this Web Site?
User-Provided Information
General
We collect Personal Information from users of our Web Site, for example, through such
users’ submissions, transactions and completion of online forms on our Web Site. Such
information is collected, for example, when users register or subscribe for accounts or
features on our Web Site, sign up for or upload or submit information or data to us in
connection with an article, blog post, event, or training method, enter sweepstakes and
contests, complete surveys, use software, applications or tools made available to you by
or on behalf of us, contribute to a chat room, bulletin board, comment section, list serve,
blog, vlog, wiki or other open forum that we may make available on or through our Web
Site, submit a comment or question to us using a “contact us” or similar feature on our
Web Site, send us an email, or in any other way submit Personal Information to us via our
Web Site. We also collect information regarding your participation, skill level, fitness,
attitude, intelligence, health and results from our hitting and pitching instruction, events,
courses, seminars, programs and tournaments, such as the Pro Speed Baseball
Professional Showcase and any application, web pages or tools made available to you to
track, log or collect data or information related to your skill level, training, performance,
attitude, fitness and ability.
You may be able to send information from our Web Site to your friends and family
members through our Web Site by clicking on an “E-mail to Friend” or similar button on
our Web Site or in an e-mail that we have sent you. In some of these cases (unless you
simply forward our e-mail on your own), you may provide the name and e-mail address
of your friend or family member to us. Such information will be treated in accordance
with this Privacy Policy and applicable law.
Personal Health Information
The Web Site may, from time to time, ask users to provide certain personal health
information, and we will collect this data, which includes (for example) health conditions,
training or exercise habits, diet and nutritional data, body type, and other characteristics.
This information is optional for the user to provide. Pro Speed Baseball will use this
information to help create a better experience and instructional program to provide to its
users. For example, it may monitor the demographics, fitness characteristics, and
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location of attendees or participants in an event, competition or program sponsored by
Pro Speed Baseball, and may use that information to understand where demand for
certain services are to best utilize its resources to provide them. In addition, Pro Speed Baseball may share some of your personal health information with its subsidiaries,
entities it owns or controls, its service providers, or other third parties. To protect your
privacy, if Pro Speed Baseball shares your personal health information with a subsidiary,
an entity we own or control, or one of our service providers, such subsidiary, entity or
service provider will be required to agree to and comply with the terms of this Privacy
Policy. If Pro Speed Baseball shares your personal health information with a third party
other than one described in the preceding sentence, we will only do so in a way that
anonymizes your personal health information and aggregates it with other users’
personal health information.
Web Site Usage Information
Cookies
We may use “cookies” to keep, and sometimes track, information about you. Cookies are
small data files that are sent to your browser or related software from a Web server and
stored on your computer’s hard drive or otherwise persist on your system or device. They
are used to make Pro Speed Baseball's Web Site easier to use, to make its advertising
better, and to protect both you and Pro Speed Baseball. Cookies track where you travel on
our Web Site and what you look at and purchase. They may store your username and/or
password. A cookie may enable us to relate your use of our Web Site to other information
about you, including your Personal Information. All of these purposes serve to improve
and personalize your experience on our Web Site. Most Web browsers can be set to
inform you when a cookie has been sent to you and provide you with the opportunity to
refuse that cookie. Additionally, if you have a Flash player installed on your computer,
your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie
may, in some cases, preclude you from using, or negatively impact the display or function
of, the Web Site or certain areas or features of the Web Site.
Clear GIFs
We may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies, in
the Web Site and/or in our communications with you to enable us to know whether you
have visited a Web page or received a message. A clear GIF is typically a one-pixel,
transparent image (although it can be a visible image as well), located on a Web page or
in an e-mail or other type of message, which is retrieved from a remote site on the
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Internet enabling the verification of an individual’s viewing or receipt of a Web page or
message. A clear GIF may enable us to relate your viewing or receipt of a Web page or
message to other information about you, including your Personal Information.
IP Address and Clickstream Data
Our server automatically collects data about your server’s Internet address when you
visit us. This information, known as an Internet Protocol address, or IP Address, is a
number that’s automatically assigned to your computer by your Internet service provider
whenever you’re on the Internet. When you request pages from our Web Site, our servers
may log your IP Address and sometimes your domain name. Our server may also record
the referring page that linked you to us (e.g., another Web site or a search engine); the
pages you visit on this Web Site; the Web site you visit after this Web Site; the ads you see
and/or click on; other information about the type of Web browser, computer, platform,
related software and settings you are using; any search terms you have entered on this
Web Site or a referral site; and other Web usage activity and data logged by our Web
servers. We use this information for internal system administration, to help diagnose
problems with our server, and to administer our Web Site. Such information may also
be used to gather broad demographic information, such as country of origin and Internet
Service Provider. We may also link this information with your Personal Information.
Any or all of these activities with regard to Web Site usage information may be
performed on our behalf by our service providers.
V. How is the Personal Information used?
We will use the Personal Information you provide to our Web Site for many different
purposes to provide you with our services and features. For example, such information
may be necessary to register you for instructional courses, seminars, tournaments,
showcases, events and newsletters, respond to your requests and messages, provide you
with news, event information and other offerings, for feedback purposes, and for
marketing and promotional purposes. We may also use your Personal Information for
internal record keeping, to analyze and track user progress through our training
programs, and compare you to other persons or users of the Web Site or other websites,
software, applications or tools in various ways. We may match information collected from
you through different means or at different times, including both Personal Information
and Web Site usage information, and use such information along with information
obtained from other sources, including third parties.
Also, advertisements and other content displayed to you on the Web Site may be
customized to your interests and preferences, based on your Personal Information and
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Web Site usage information, including (but not limited to) non-personally identifying
information, which we may obtain from you or from other sources. In addition, we may
send you notices (for example, in the form of emails, mailings, and the like), and
otherwise correspond with you, about products, services, companies and events,
sponsored, organized or operated by us and others, that we think might interest you. You
may opt out of receiving such notices from us by following the instructions in
the Right to Opt In and Opt Out section above. We may analyze user behavior as a
measure of interest in, and use of, our Web Site and e-mails, both on an individual basis
and in the aggregate.
VI. Do we share Personal Information and Web Site Usage information with others?
Public Forums
When you contribute to a public area or feature of our Web Site, such as a message
board, chat room, posting to comments, bulletin board, list serve, blog, vlog, wiki or
other open forum that we may make available on or through our Web Site, the
information that you submit will be made available to the general public. Such
information may, for example, be accessed by everyone on the internet, be indexed by
third party search engines, and be imported, exported, distributed, and redistributed by
us and others without privacy limitations. Such information may be associated with you
by such outside parties based on what you provide or disclose. For these reasons, we
recommend that you do not submit any sensitive information, including your full name,
home address, phone number, other information that would enable other users to
locate you, or financial information on these areas of our Web Site. Instead, make up a
username that does not disclose your personal identity.
Event and Competition Participation
When you register (whether as a participant, athlete, fan, visitor or spectator),
participate, compete, or submit results, feedback or information for any of our
competitions, events, certificate courses, seminars or other activities, your submissions,
records and results are kept by Pro Speed Baseball. This information may include
Personal Information, as well as your results in the events, video files, audio files,
photographs, training plans, skill level, health and performance data, logs and journals,
stories written by users, and other information. These records and media are used to
determine your performance, eligibility for prizes, and placement. Additionally, the Web
Site may use this information in various other ways, such as data analysis,
communicating results news via different media or websites, promotional use, or other
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general public information purposes, through various media, means and methods that
currently exist or that may be developed in the future. For a more detailed description of
the terms and conditions on which your submissions, records and results may be used by
Pro Speed Baseball, please see the Terms of Use.
Third-Party Offers
We may provide visitors an opportunity to receive offers from other entities (outside of
The Pro Speed Baseball Family) who have services, products and offers that we think
might be of interest to you. Unless you elect not to receive such offers by following the
instructions in the Right to Opt In and Opt Out section above, we may from time to time
provide your Personal Information to these entities so that they may send you these
offers. If you change your mind and no longer want us to share your Personal
Information with these types of third parties, follow the instructions to opt out in the
Right to Opt In and Opt Out section above.
Co-sponsored Events, Tournaments, Showcases, Contests, Sweepstakes and
Offerings
Some of our instructional courses, events, tournaments, showcases, seminars, programs,
contests, sweepstakes and other offerings may be co-sponsored by another company or
companies. In those situations, the information we obtain from you in connection with
such contest, sweepstake or offering may be shared with our co-sponsor, unless you
instruct us not to by following the instructions in the Right to Opt In and Opt Out section
above. In those situations, our co-sponsors will have the right to use your information for
their own purposes, in accordance with their own policies. We are not responsible for
how our co-sponsors may use your information.
Payments
When you make any payments, deposits, or other transactions, we will share transaction
information with only those third parties necessary to complete the transaction. We will
require those third parties to agree to respect the privacy of your information.
Service Providers
We may use third-party partners to help operate our Web Site, collect and analyze data
and information, host, operate or support software, applications and tools and deliver
our products and services, and may share your information with our subsidiaries, entities
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owned, related to or controlled by us, service providers and other third parties that
provide software, products or services for or through this Web Site or for our business
(such as Web site or database hosting companies, address list hosting companies, e-mail
service providers, analytics companies, distribution companies, fulfillment companies,
and other similar service providers that use such information on our behalf). This is
intended to help improve or promote our services provided. If you would like additional
information on the policies we enforce with respect to our service providers, please
contact us as described below.
Aggregate Statistics
We may disclose aggregate statistics regarding user behavior and skill level, fitness,
training and performance data as a measure of interest in, and use of, our Web Site and
e-mails to third parties in the form of aggregate data, such as overall patterns or
demographic reports that do not describe or identify any individual user.
Legally Compelled Disclosures
We may disclose user information to government authorities, and to other third parties
when compelled to do so by government authorities, or otherwise as required or
permitted by law, including but not limited to in response to court orders and subpoenas.
We also may disclose user information when we have reason to believe that someone is
causing injury to or interference with our rights or property, other users of the Web Site,
or anyone else that could be harmed by such activities. If we are required or compelled
to disclose your user information by a government authority, we may attempt to notify
you of such disclosure if we are permitted to do so by law.
Business Transfer
In the event that Pro Speed Baseball, any entity of The Pro Speed Baseball Family, or
substantially all of its assets, are acquired by one or more third parties as a result of an
acquisition, merger, sale, reorganization, operation of law, change of control,
consolidation or liquidation, your Personal Information may be one of the transferred
assets. The terms of this privacy policy will continue to apply to your Personal
Information that is transferred to the new entity.
VII. Third-Party Ad Servers
We may use third-party advertising companies to serve ads when you visit our Web Site.
If so, a list of these ad serving companies will be available upon request or in the FAQ
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section of prospeedbaseball.com. These companies may use information (generally not
including your name, address, e-mail address or telephone number) about your visits to
this and other web sites in order to provide advertisements about goods and services of
interest to you. These companies may employ cookies and clear GIFs to measure
advertising effectiveness. Any information that these third parties collect via cookies and
clear GIFs is generally not personally identifiable (unless, for example, you provide
personally identifiable information to them through an ad or e-mail message). We
encourage you to read these businesses’ privacy policies if you should have any
concerns about how they will care for your Personal Information. If you would like more
information about this practice and to know your choices about not having this
information used by these companies, see the Network Advertising Initiative’s consumer
Web site at http://www.networkadvertising.org/consumer/.
VIII. Wireless Addresses
If the e-mail address you provide to us is a wireless e-mail address, you agree to receive
messages at such address from Pro Speed Baseball, the rest of The Pro Speed Baseball
Family and the rest of the third parties with which we share your e-mail address (unless
and until you have elected not to receive such messages by following the instructions in
the Right to Opt In and Opt Out section above). You understand that your wireless
carrier’s standard rates apply to these messages, and that you may change your mind at
any time by following the instructions in the Right to Opt In and Opt Out section above.
You represent that you are the owner or authorized user of the wireless device on which
messages will be received, and that you are authorized to approve the applicable
charges.
IX. Short Message Service
We may make available a service through which you can receive messages on your
wireless device via short message service (“SMS Service”). If you subscribe to one of our
SMS Services, you thereby agree to receive SMS Service messages at the address you
provide for such purposes. Such messages may come from Pro Speed Baseball, the rest of
The Pro Speed Baseball Family and/or the rest of the third parties with which we share
your address (unless and until you have elected not to receive such messages by
following the instructions in the Right to Opt In and Opt Out section above).
You understand that your wireless carrier’s standard rates apply to these messages, and
that you may change your mind at any time by following the instructions in the Right to
Opt In and Opt Out section above. You represent that you are the owner or authorized
user of the wireless device you use to sign up for the SMS Service, and that you are
authorized to approve the applicable charges. To use the SMS Service, you must be 18
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years of age or older and reside in the United States. You must first register and provide
all required Personal Information, which may include, for example, your name, SMS
address, wireless carrier and, if fees are applicable to the SMS Service you subscribe to,
billing information (either your credit card information or mobile service carrier
information if applicable fees will be billed through your carrier). We may also obtain the
date, time and content of your messages in the course of your use of the SMS
Service. We will use the information we obtain in connection with our SMS Service in
accordance with this Privacy Policy. If fees are charged to your wireless account invoice,
we may provide your carrier with your applicable information in connection therewith.
Your wireless carrier and other service providers may also collect data about your
wireless device usage, and their practices are governed by their own policies.
You acknowledge and agree that the SMS Service is provided via wireless systems which
use radios (and other means) to transmit communications over complex networks. We do
not guarantee that your use of the SMS Service will be private or secure, and we are not
liable to you for any lack of privacy or security you may experience. You are fully
responsible for taking precautions and providing security measures best suited for your
situation and intended use of the SMS Service. We may also access the content of your
account and/or wireless account with your carrier for the purpose of identifying and
resolving technical problems and/or service related complaints.
By signing up for the SMS Service, you consent to receiving, from time to time, further
messages which may include news, promotions and offers from us, our subsidiaries,
entities owned, related to or controlled by us and partners, and you consent to our
sharing of your Personal Information with such parties for such purposes, unless and
until you have opted out of these activities by following the instructions in the Right to
Opt In and Opt Out section above. Please follow the instructions provided to you by third
parties to unsubscribe from their messages.
X. Your Access Rights
You may review, correct or change the Personal Information that is stored in your user
account on this Web Site by visiting the account management area of your account on
this Web Site. You may send us new or updated information at any time. We will endeavor
to respond to your request to access, update or delete your information as soon as
practicable. Before we are able to provide you with any information, correct any
inaccuracies or delete any information, however, we may ask you to verify your identity
and to provide other details to help us to respond to your request.
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XI. Security
Pro Speed Baseball will take reasonable steps to protect the security and integrity of all
Personal Information provided to this Web Site. We require a personal username (log-in
name) and a password in order for users to access their Personal Information. We restrict
access to personal information to Pro Speed Baseball employees, contractors and agents
who need to know that information in order to process it on our behalf. We keep any
information transmitted to Pro Speed Baseball on a secured service behind a firewall.
When you enter sensitive information (credit card numbers, passwords, etc.), we encrypt
that information using secure socket layer technology (SSL) or other reasonable
measures.
Inherent Risks
Due to the inherent nature of the Internet as an open global communications vehicle, we
cannot guarantee that information, during transmission through the Internet or while
stored on our system or otherwise in our care, will be absolutely safe from intrusion by
others, such as hackers.
If you contact us by e-mail or a “contact us” or similar feature on our Web Site, you
should be aware that your transmission might not be secure. A third party could view
information you send by these methods in transit.
You may be able to create an account on our Web Site with a username and password,
for example, to purchase a subscription to Pro Speed Baseball hitting or pitching
instructional services, use the Pro Speed Baseball message board, Pro Speed Baseball
Products store or other features. If so, you are responsible for maintaining the strict
confidentiality of your account password, and you shall be responsible for any access to
or use of the Web Site by you or any person or entity using your password, whether or
not such access or use has been authorized by or on behalf of you, and whether or not
such person or entity is your employee or agent. You agree to (a) immediately notify
Pro Speed Baseball of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of each
session. It is your sole responsibility to control the dissemination and use of your
password, control access to and use of your account, and notify Pro Speed Baseball when
you desire to cancel your account on this Web Site. We will not be responsible or liable
for any loss or damage arising from your failure to comply with this provision.
We will have no liability for disclosure of your information due to errors or unauthorized
acts of third parties during or after transmission.
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In the unlikely event that we believe that the security of your Personal Information in our
possession or control may have been compromised, we may seek to notify you of that
development. If a notification is appropriate, we would endeavor to do so as promptly as
possible under the circumstances, and, to the extent we have your e-mail address, we
may notify you by e-mail. You consent to our use of e-mail as a means of such
notification.
XII. Phishing
With identity theft a continuing problem, it has become increasingly common for
unauthorized individuals to send e-mail messages to consumers, purporting to represent
a legitimate company such as a bank or on-line merchant, requesting that the consumer
provide personal, often sensitive information. Sometimes, the domain name of the e-mail
address from which the e-mail appears to have been sent, and the domain name of the
web site requesting such information, appears to be the domain name of a legitimate,
trusted company. In reality, such sensitive information is received by an unauthorized
individual to be used for purposes of identity theft. This illegal activity has come to be
known as “phishing.”
If you receive an e-mail or other correspondence requesting that you provide any
sensitive information (including your Web Site password or credit card information) via email
or to a web site that does not seem to be affiliated with our Web Site, or that
otherwise seems suspicious to you, please do not provide such information, and report
such request to us at customerservice@prospeedbaseball.com.
XIII. Consent to Processing
By providing Personal Information to this Web Site, you understand and consent to the
collection, maintenance, processing and transfer of such information in and to the United
States and other countries and territories.
XIV. Third-Party “Linked-To” Web Sites
When you are on our Web Site you may have the opportunity to visit, or link to, other
sites not operated by Pro Speed Baseball, including other web sites operated by other
members of The Pro Speed Baseball Family or by unrelated third parties. These sites may
collect Personal Information about you. Pro Speed Baseball does not control sites that are
operated by these entities and is not responsible for the information practices of these
sites. This Privacy Policy does not address the information practices of those other web
sites, and applies solely to information collected by Pro Speed Baseball on this
Web Site. The privacy policies of Web sites operated by other members of The Baseball
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Pro Speed Baseball Family are located on those sites.
XV. Children Under Age 13
We are a general audience site, and do not knowingly request Personal Information from
anyone under 13 years of age. If you are under the age of 13, please do not attempt to
post on the message board, participate in blogs, discussions and chatrooms, register for
any subscriptions, programs or events, or otherwise provide any information to the Web
Site. If we learn that we have collected personal information from a child under 13, we
will delete that information as quickly as possible. No information collected from children
is used for any marketing or promotional purposes whatsoever, either inside or outside
of Pro Speed Baseball.
We strongly recommend that minors 13 years of age or older ask their parents for
permission before sending any information about themselves to anyone over the internet
and we encourage parents to teach their children about safe internet practices. Parents
may wish to consult the resources on children’s privacy and safe internet practices that
are available through the Federal Trade Commission at
http://www.ftc.gov/bcp/menus/consumer/data/child.shtm.
If we make any material change to this notice or the informational practices with regard
to children that were in effect when your consent to the collection of your child's
personal information was obtained, we will, as required by law, send you a new notice
and request your consent.
We take seriously our obligation to safeguard the confidentiality, security and integrity of
personal information collected from our users, and have established and will maintain
procedures that are designed for that purpose. Children and parents should be aware,
however, that no system is completely secure from hackers, network failure and error,
and we cannot guarantee the confidentiality, security and integrity of information
maintained on our service. Please see the section entitled “Security” elsewhere in this
Privacy Policy for further details.
We strongly recommend that minors 13 years of age or older ask their parents for
permission before sending any information about themselves to anyone over the internet
and we encourage parents to teach their children about safe internet practices. We also
strongly suggest that you have installed and use “Parental Controls” for your web
browser.
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XVI. Changes to this Privacy Policy
Pro Speed Baseball reserves the right to change or update this Privacy Policy, or any
other of our policies or practices, at any time, and will notify users of this Web Site by
posting such changed or updated Privacy Policy on this page. Any changes or updates
will be effective immediately upon posting to this Web Site. Under certain circumstances,
we may also elect to notify you of changes or updates to our Privacy Policy by additional
means, such as posting a notice on the front page of our Web Site to sending you an email.
XVII. Contact Us
If you have any questions or comments regarding our privacy practices, you may contact
us at privacy@prospeedbaseball.com.
Effective Date: January 14, 2022
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Terms & Conditions of Use of prospeedbaseball.com
1
TERMS AND CONDITIONS OF USE
THE PROSPEEDBASEBALL.COM WEBSITE, INCLUDING ALL OF ITS SUBSITES (TYPICALLY
ANY WEB PAGES WHICH END IN PROSPEEDBASEBALL.COM), AND ALL SOFTWARE,
PRODUCTS, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR
THROUGH OUR WEB SITE OR SUBSITES (COLLECTIVELY, THIS "SITE") IS OWNED AND
OPERATED BY PRO SPEED BASEBALL ("PRO SPEED BASEBALL "). YOUR ACCESS AND
USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE AND
ALL APPLICABLE LAWS. PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT
YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS AND
CONDITIONS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO
ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT ACCESS, BROWSE, OR USE THIS
SITE OR THE CONTENT OR SERVICES HEREON.
I. Privacy Policy
We respect your privacy. Our collection, use and disclosure practices regarding your
personally identifiable information and personal health information is set forth in our
Privacy Policy. Please take some time to review our Privacy Policy as its terms are
incorporated herein by reference and your assent to these Terms and Conditions of Use
includes your assent to our Privacy Policy.
II. Registration and Eligibility
Pro Speed Baseball allows users to establish an account to access various features of this
Site, such as registration for hitting or pitching instruction and use of its message boards,
discussion boards, and other public forums. If you register, you agree to provide Pro Speed Baseball with accurate, truthful, complete, and updated registration information. Failure
to do so will constitute a breach of these Terms and Conditions of Use, which may result
in immediate suspension or termination of your account. Failure to provide accurate,
truthful, complete, and updated registration information for certain events or features
may also lead to your disqualification, expulsion or denial from such events or features.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if
that age is greater than 18 years of age, to register for any function, service, or portion
of this Site which requires such registration. If you are under the age of 18 or the
applicable legal age in your jurisdiction, you can use such functions or services only in
conjunction with, and under the supervision of, your parent or guardian who has agreed
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2
to these Terms and Conditions of Use. By using this Site and any services provided
therein, you represent and warrant that you have the right, authority, and capacity to
enter into these Terms and Conditions of Use and to abide by all of the terms and
conditions set forth herein.
III. Passwords
When you are required to open an account to use or access this Site or any of its features
or services, you may also be asked to provide a user name and password. You are
entirely responsible for maintaining the confidentiality of your password. You may not
use the account, username, or password of someone else at any time. You agree to notify
Pro Speed Baseball immediately of any unauthorized use of your account, user name, or
password (collectively, a "User ID"). Pro Speed Baseball will not be liable for any loss that
you incur as a result of someone else using your password, either with or without your
knowledge. You may be held liable for any losses incurred by Pro Speed Baseball , its
subsidiaries, entities owned, related to or controlled by Pro Speed Baseball , officers,
directors, employees, consultants, staff, agents, and representatives due to someone
else's use of your account or password. Pro Speed Baseball reserves the right to refuse
registration of, or cancel a User ID, in its sole discretion.
IV. Medical Disclaimer
You expressly acknowledge and agree that Pro Speed Baseball and this Site do not
provide medical advice and are not a substitute for professional medical diagnosis,
treatment or advice or a medical examination. The content of this Site may contain
general information relating to certain medical conditions and their treatment. Such
information is provided for informational purposes only and is not intended to replace or
substitute for advice provided by a physician or other medical provider. You should not
use the information provided on this Site for diagnosing a health problem or disease.
Prior to participating in any program, activity, exercise, diet, or use of any product,
program, workout, exercise or treatment discussed on this Site, you should seek the
advice of your physician and other qualified health-care professionals. You understand
that the exercises and programs discussed on this Site can be strenuous and should be
scaled or done in moderation. There is an inherent risk in any exercise that, while
providing some health benefits, it can also cause unknown health issues. Application or
reliance on the techniques, advice, ideas, and suggestions of any person associated with
Pro Speed Baseball or this Site are at your sole discretion and risk.
V. Use of Site; Limited License
All content on this Site and otherwise available through this Site, including designs,
logos, artwork, text, graphics, images, data, information, software, music, sounds,
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3
interactive features, video, audio and other files, and their selection and arrangement, is
owned by Pro Speed Baseball or its licensors. No Site content may be modified,
distributed, framed, copied, reproduced, republished, downloaded, scraped, displayed,
posted, transmitted, or sold in any form or by any means, in whole or in part, other than
as expressly permitted in these Terms and Conditions of Use or as expressly authorized in
writing by Pro Speed Baseball. Authorized users may access and use this Site and this
Site's content and download or print a reasonable number of copies of portions of this
Site content to which the user has properly gained access solely for the user's personal,
non-commercial use (unless otherwise expressly authorized in writing by Pro Speed Baseball ),
provided that the user maintains all copyright or other proprietary notices on
all copies of such Site content. You may not publish or otherwise distribute Site content,
including via the Internet or any intranet or extranet site, or incorporate this Site content
in any other database or compilation. You may not use any data mining, robots, scraping
or similar data gathering or extraction methods to obtain Site content. Any use of this
Site or this Site's content other than as specifically authorized herein is prohibited and
will automatically terminate your rights with respect to use of this Site and this Site's
content granted herein. All rights of Pro Speed Baseball or its licensors that are not
expressly granted in these Terms and Conditions of Use are reserved to Pro Speed Baseball
and its licensors.
VI. Links to and from this Site
Unless otherwise notified by us, you are free to link to this Site so long as you make it
clear that (a) the linked content belongs to Pro Speed Baseball; (b) such content is not
your own; and (c) the originating website makes no claim of owning, being related to or
owned or controlled by, being under common control with, or sanctioned by, approved
by, or endorsed by, Pro Speed Baseball .
This Site may contain links or references to other websites maintained by third parties
over whom we have no control. Such links are provided merely as a convenience. Such
third party sites and third party content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any
third party sites accessed through this Site or any third party content posted on or
available through this Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices or other policies of or contained in the third party sites or
the third party content. Inclusion of, linking to or permitting the use of any third party
site or any third party content does not imply approval or endorsement thereof by
Pro Speed Baseball. If you decide to leave this Site and access the third party sites or to
access or use any third party content, you do so at your own risk and you should be
aware that our terms and policies no longer govern. You should review the applicable
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terms and policies, including privacy and data gathering practices, of any site to which
you navigate from this Site or relating to any applications you use or install from this
Site.
VII. Submissions
Pro Speed Baseball welcomes your participation and contributions to its online forums
and discussions, including your feedback and comments on your experiences with the
Pro Speed Baseball program, and Pro Speed Baseball's events, activities, products,
publications, seminars, and training methods. But Pro Speed Baseball's policy is not to,
and neither Pro Speed Baseball nor any of its employees will, accept or consider
unsolicited ideas, suggestions and other material. This is to avoid the possibility of future
misunderstandings arising if Pro Speed Baseball develops or implements or uses a
product, service, feature, method, software, application or tool that seems to be similar
to your own ideas or creative work. If you do submit any feedback, comments, ideas,
suggestions or material (collectively, "Submissions") to Pro Speed Baseball, including any
Submissions that we have asked you not to submit to us, then regardless of what your
Submission and any accompanying correspondence might say, by submitting your
Submission you acknowledge and agree that:
1. At the moment you submit your Submission to Pro Speed Baseball , you are
automatically and irrevocably assigning your Submission and all rights to it to
Pro Speed Baseball, and Pro Speed Baseball will have no obligations to you in
relation to your Submission;
2. In the event that your Submission is not assignable, Pro Speed Baseball will be
irrevocably entitled to, throughout the world and in perpetuity, reproduce,
publish, distribute, prepare derivative works from, display, perform, modify,
adapt, broadcast, license, sell, translate, and otherwise use, any Submission for
any purpose whatsoever, commercial or otherwise, in any medium now known or
hereafter devised, without compensation or credit to you, including sublicensing
any third party to do any of the foregoing. To the extent permitted by applicable
laws, you also give up any claim that any use by Pro Speed Baseball and/or its
licensee(s) of any Submission violates any of your rights, including but not limited
to moral rights, privacy rights, rights to publicity, proprietary, statutory or other
rights, and/or rights to credit for the material or ideas set forth therein;
3. Your Submission will not contain any proprietary or confidential information;
4. Pro Speed Baseball is under no obligation to keep your Submission confidential or
to otherwise protect your Submission; and
5. Pro Speed Baseball may already be considering or developing a similar idea,
program, product, service, feature, movement, workout, software, application or
tool.
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VIII. Software And Applications Available On This Site
Any software or application that is made available via this Site ("Software") is the
copyrighted work of Pro Speed Baseball and/or third party providers or other suppliers of
Pro Speed Baseball. Use of the Software is governed by the terms of the end-user license
agreement, if any, which accompanies or is included with the Software ("License
Agreement"). End users will not install or use any Software that is accompanied by or
includes a License Agreement unless the end user first agrees to the License Agreement
terms, and shall not circumvent or attempt to circumvent any click-through consents
required to install or use any Software. For any Software not accompanied by a License
Agreement, the following will constitute the License Agreement:
Pro Speed Baseball hereby grants to you, the user, a personal, non-transferable
license during the term of this license agreement to use this software for its
intended purpose in accordance with this license agreement, and for no other
purpose. Please note that this software is owned by Pro Speed Baseball and/or
third party providers or other suppliers of Pro Speed Baseball and is protected by
copyright laws and international treaty provisions. Any reproduction or
redistribution of this software is expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
MADE AVAILABLE VIA THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE
SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN THE
APPLICABLE LICENSE AGREEMENT ENTERED INTO BY YOU IN CONNECTION WITH YOUR
PURCHASE OR USE OF THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE
TERMS OF SUCH LICENSE AGREEMENT AND THESE TERMS AND CONDITIONS OF USE, THE
LICENSE AGREEMENT WILL CONTROL WITH RESPECT TO THE SOFTWARE ONLY. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
AND SUBJECT TO THE "NO WARRANTIES" SECTION OF THESE TERMS AND CONDITIONS OF
USE, PRO SPEED BASEBALL ANDPRO SPEED BASEBALL'S THIRD PARTY PROVIDERS AND
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
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IX. User Content
You grant Pro Speed Baseball a license to use any materials that you submit, display,
transmit, upload or post to this Site. By submitting, posting, uploading, displaying,
performing, transmitting, or otherwise distributing information, videos, pictures,
graphics, audio, music and sound, text, data, communications or other content ("User
Content"), to this Site, you authorize Pro Speed Baseball to treat any User Content as nonconfidential
and non-proprietary, and grant Pro Speed Baseball , its subsidiaries, entities
owned, related to or controlled by Pro Speed Baseball , officers, directors, employees,
staff, consultants, agents, and representatives a nonexclusive, worldwide, perpetual,
irrevocable, royalty-free, fully-paid, sublicenseable and freely transferable right and
license to reproduce, publish, distribute, prepare derivative works from, display, perform,
modify, adapt, broadcast, license, sell, translate, and otherwise use User Content, in
whole or in part, in connection with the operation, promotion, marketing, and
advertising of the business, products, programs, events, competitions and services of
Pro Speed Baseball, including the exploitation thereof, in each case in any media formats
and through any means or methods whether now known or hereafter discovered.
You agree that Pro Speed Baseball may so exploit your User Content without
compensation or credit to you, including by sublicensing any third party to do any of the
foregoing. To the extent permitted by applicable laws, you also give up any claim that any
use by Pro Speed Baseball and/or its third party providers or sublicensees of any User
Content violates any of your rights, including but not limited to moral rights, privacy
rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for
the material or ideas set forth therein. You agree that Pro Speed Baseball may publish or
otherwise disclose your name in connection with your User Content. By posting User
Content on this Site, you warrant and represent that you own the rights to the User
Content or are otherwise authorized to post, upload, distribute, display, perform,
transmit, or otherwise use User Content, and to license and permit Pro Speed Baseball to
exploit the User Content as described above, and that Pro Speed Baseball's exploitation of
the User Content as described above will not violate any rights of or require any
compensation to any third party.
You are solely responsible for the User Content, messages, notes, text, information,
listings, and any other content, material or data that you upload, publish or display on or
through this Site, or transmit to or share with others. You may not post, transmit, or
distribute User Content that you did not create or that you do not have permission to
post. You understand and agree that Pro Speed Baseball may, but is not obligated to,
review this Site and may delete or remove (without notice) any Site content or User
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7
Content in its sole discretion, for any reason or no reason, including User Content that
Pro Speed Baseball believes violates these Terms and Conditions of Use. Pro Speed Baseball
has no backup or storage obligations regarding User Content.
Pro Speed Baseball does not verify the accuracy or authenticity of any User Content, and
makes no representations or warranties with respect to any User Content. Pro Speed Baseball
makes no representations concerning and is under no obligation to prevent,
the downloading, distribution, linking to, or re-posting of your User Content by third
parties. You expressly waive any and all claims you may have against Pro Speed Baseball
and release Pro Speed Baseball from any and all liability arising from or related to the
User Content, including any exploitation of the User Content by a third party, whether or
not authorized by Pro Speed Baseball.
X. Reporting Violations of Your Copyrights
If you are a copyright owner, or an agent thereof, and believe that any of the content on
this Site infringes upon your copyrights, pursuant to the Digital Millennium Copyright Act
(the "DMCA"), you may submit a notification by providing our Copyright Agent with the
following information:
• A physical or electronic signature of the copyright owner (or someone authorized
to act on behalf of the owner);
• Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a representative
list of such works;
• Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled
and information reasonably sufficient to permit Pro Speed Baseball to locate the
material;
• Information reasonably sufficient to permit Pro Speed Baseball to contact you,
such as an address, telephone number, and, if available, an electronic mail
address;
• A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
• A statement by you that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of the
right that is allegedly infringed.
You acknowledge that if you fail to comply with the procedures provided in this
subsection for reporting a claimed copyright infringement, your notice may not be valid
under the DMCA. See 17 U.S.C. 512(c)(3) for further details.
Terms & Conditions of Use of prospeedbaseball.com
8
If you believe that your content that was removed (or access was disabled to) is not
infringing, or that you have authorization from the rightful copyright owner, the
copyright owner's agent, or pursuant to law, to post and use the allegedly infringing
material in your posted content, you may send a counter-notice containing the following
information to the Copyright Agent:
• Your physical or electronic signature;
• Identification or description of the material that has been removed or to which
access has been disabled and the original location where the material appeared
before it was removed or disabled;
• A statement by you, made under penalty of perjury, that you have a good faith
belief that the material was removed or disabled as a result of mistake or a
misidentification of the material removed or disabled; and
• Your name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the U.S. District Court for the Southern District of
California, and a statement that you will accept service of process from the
person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Pro Speed Baseball may send a
copy of the counter-notice to the original complaining party informing that person that it
may replace the removed material or cease disabling it in 10 business days. Unless the
copyright owner files an action seeking a court order against the material provider,
member or user, the removed material may be replaced, or access to it restored, in 10 to
14 business days or more after receipt of the counter-notice, at Pro Speed Baseball's sole
discretion. See 17 U.S.C. 512(g)(3) for further details.
Our designated Copyright Agent (the "Copyright Agent") will receive notifications of
claimed infringement and counter-notices at 911 East Jefferson Street, Charlottesville VA
22902 or via email at legal@prospeedbaseball.com. This e-mail address is intended solely
for the receipt of legal "Notifications of Claimed Infringement" under the DMCA. It is not
intended for general inquiries and permission requests concerning the use of Pro Speed Baseball content.
XI. Trademarks
"Pro Speed Baseball ", Pro Speed Baseball Hitting, Pro Speed Baseball Pitching, the Pro Speed Baseball logos, and other Pro Speed Baseball graphics, logos, slogans, tag lines, designs,
page headers, button icons, scripts and service names are the trademarks, trademarks or
trade dress of Pro Speed Baseball in the U.S. and other countries. Unless expressly
authorized by Pro Speed Baseball in writing, you may not use Pro Speed Baseball
trademarks and trade dress, including as part of trademarks and/or as part of domain
names, in connection with any product or service in any manner that is likely to cause
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9
confusion or create the impression that Pro Speed Baseball endorses any product or
service. You may not reproduce or use Pro Speed Baseball's trademarks or trade dress
without the prior written permission of Pro Speed Baseball.
XII. Copyright and Content
The contents of this Site are protected by copyright under United States and foreign laws.
Title to the content of this Site remains with Pro Speed Baseball or its licensors. Any use
of such content not expressly permitted by these Terms and Conditions of Use is a breach
of these Terms and Conditions of Use and may violate copyright, trademark and other
laws. Content and features are subject to change or termination without notice in the
editorial discretion of Pro Speed Baseball . All rights not expressly granted herein are
reserved to Pro Speed Baseball and its licensors.
XIII. Use of Public Forums and Inappropriate Content
Pro Speed Baseball offers and maintains certain discussion boards, user forums and other
places where the Pro Speed Baseball user community can post questions and share
information, ideas, training methods or advice. You agree that you will not upload or
transmit any User Content of any type to any Public Forums of this Site (including,
without limitation, message boards, blogs, vlogs, bulletin boards, list serves, wiki's or
other open forums made available though our Site) (a "Public Forum") that infringe or
violate any rights of any party. By submitting any User Content to the Public Forums, you
agree that such User Content is non-confidential for all purposes. If you use a Public
Forum on this Site, you are solely responsible for your own communications, the
consequences of posting those communications, and your reliance on any
communications found on our Site. Pro Speed Baseball and any party involved in creating,
producing, delivering or maintaining this Site are not responsible for the consequences
of any communications in the Public Forums. In cases where you feel threatened or
believe someone else is in danger, you should contact your local law enforcement agency
and Pro Speed Baseball immediately.
You agree not to (including not facilitating or assisting), directly or indirectly, upload,
download, link, stream, display, perform, transmit, or otherwise distribute any content
that (a) is libelous, defamatory, obscene, pornographic, abusive, threatening, unlawful,
fraudulent, harmful, harassing, tortious, vulgar, that may be invasive or violative of
another's right of privacy or publicity, hateful, racially, ethnically or otherwise
objectionable; (b) advocates or encourages conduct that could constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable local, state,
provincial, national or foreign law or regulation; (c) advertises or otherwise solicits funds
or is a solicitation for goods or services; (d) distributes or facilitates the distribution of
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10
viruses, corrupted data, trojan horses, bots, keystroke loggers, worms, time bombs,
cancelbots or other computer programming routines or computer code that are intended
to and/or actually damage, detrimentally interfere with, surreptitiously intercept or
mine, scrape or expropriate any system, data or personal information; (e) adversely
affects the availability of Site resources to other users (e.g., excessive shouting (use of all
caps), flooding (continuous posting of repetitive text) or excessively large embedded
images); (f) solicits or disseminates surveys (other than any such functionality expressly
provided for by the Public Forum that otherwise complies with these Terms and
Conditions of Use), contests, pyramid schemes, chain letters, junk mail, spam, or
unsolicited messages; or (f) creates a false identity for the purpose of misleading others;
(g) transmits or facilitates the transmission of any content to an e-mail address,
messenger-feature address or other location that is not yours or to which you do not
have the expressly authorized right to use without securing the prior authorization of the
owner or licensor of such other address or other location; and (h) transmits or facilitates
the transmission of any User Content that infringes any patent, trademark, trade secret,
copyright, privacy, publicity or other proprietary, statutory, common law or other rights
of any party.
Pro Speed Baseball reserves the right to terminate your receipt, transmission, or other
distribution of any such material using this Site, and, if applicable, to delete any such
material from its servers as well as to take any other action required or permitted under
any applicable laws. Pro Speed Baseball intends to cooperate fully with any law
enforcement officials or agencies in the investigation of any violation of these Terms and
Conditions of Use or any applicable laws.
XIV. Other Prohibited Uses
You are prohibited from violating or attempting to violate, and agree not to violate or
attempt to violate, any security features of this Site, including, without limitation, (a)
accessing content or data not intended for you, or logging onto a server or account that
you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability
of this Site, or any associated system or network, or to breach security or authentication
measures without proper authorization; (c) interfering or attempting to interfere with
service to any user, host or network; (d) using this Site to send unsolicited e-mail or other
communications, including, without limitation, promotions, or advertisements for
products or services; and (e) attempting to modify, reverse-engineer, decompile,
disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any
of the source code used by Pro Speed Baseball in providing this Site. Any violation of
system or network security may subject you to civil and/or criminal liability.
Terms & Conditions of Use of prospeedbaseball.com
11
XV. Alleged Violations (Termination)
Pro Speed Baseball reserves the right to suspend or terminate your use of this Site. To
ensure that Pro Speed Baseball provides a high quality experience for you and other uses
of this Site, you agree that Pro Speed Baseball or its representatives may access your
account and records on a case-by-case basis to investigate complaints or allegations of
abuse, infringement of third party rights, or other unauthorized uses of this Site.
Pro Speed Baseball does not intend to disclose the existence or occurrence of such an
investigation unless required by law, but Pro Speed Baseball reserves the right to suspend
or terminate your account or your access to this Site immediately, with or without notice
to you, and without liability to you, if Pro Speed Baseball believes that you have violated
any of the Terms and Conditions of Use, furnished Pro Speed Baseball with false or
misleading information, or interfered with the use of this Site by others.
XVI. No License
Nothing contained on this Site should be understood as granting you a license to use any
of the trademarks, service marks, or logos owned or licensed by Pro Speed Baseball or by
any third party.
XVII. No Warranties
PRO SPEED BASEBALL AND PRO SPEED BASEBALL'S RELATED ENTITIES AND
SUBSIDIARIES, INCLUDING ENTITIES IT OWNS, CONTROLS OR IS UNDER COMMON
CONTROL WITH, PRO SPEED BASEBALL'S THIRD PARTY PROVIDERS, ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR
SERVICES CONTAINED ON THE SITE, AND ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, CONTRACTORS OR AGENTS
(COLLECTIVELY, THE "PRO SPEED BASEBALL PARTIES") HEREBY DISCLAIM ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE PRO SPEED BASEBALL PARTIES
ARE MAKING THIS SITE AVAILABLE "AS IS" AND WITHOUT WARRANTY OF ANY KIND. YOU
ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO
USE, THIS SITE, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR DEATH AS WELL
AS DAMAGES TO PERSONAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
THE PRO SPEED BASEBALL PARTIES EXPRESSLY DISCLAIM ANY AND ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING
THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE
PRO SPEED BASEBALL PARTIES DO NOT WARRANT THAT THIS SITE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED,
SECURE, BUG-FREE OR ERROR-FREE; NOR DO THE PRO SPEED BASEBALL PARTIES MAKE
Terms & Conditions of Use of prospeedbaseball.com
12
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR
AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.
SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND
EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS "NO WARRANTIES"
SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL THE PRO SPEED BASEBALL PARTIES BE LIABLE FOR: (A) ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
RELATED TO (I) THE USE OF OR INABILITY TO USE THIS SITE, (II) THE BREACH OF ANY
REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THIS SITE OR ANY BROWSER
OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY
SOFTWARE OWNED OR OPERATED BY PRO SPEED BASEBALL OR ANY THIRD PARTY, IN
CONNECTION WITH THIS SITE; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS SITE, EVEN IF THE
PRO SPEED BASEBALL PARTIES WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
WITH RESPECT TO ANY CONTEST OR COMPETITION OPERATED, HOSTED OR ORGANIZED
BY PRO SPEED BASEBALL THAT MAY BE ACCESSIBLE FROM, OR REQUIRE REGISTRATION
ON, THIS SITE, EACH REGISTRANT OR PARTICPANT AGREES TO BE BOUND BY PRO SPEED
BASEBALL RULES AND POLICIES AND THE DECISIONS OF PRO SPEED BASEBALL , WHICH
SHALL BE FINAL. PRO SPEED BASEBALL RESERVES THE RIGHT TO DISQUALIFY ANY
PERSON, ENTRY, OR E-MAIL ADDRESS THAT PRO SPEED BASEBALL DETERMINES TO BE IN
VIOLATION OF ANY TERM CONTAINED IN PRO SPEED BASEBALL'S RULES OR POLICIES OR
THESE TERMS AND CONDITIONS OF USE. PRO SPEED BASEBALL IS NOT RESPONSIBLE FOR
AND SHALL NOT BE LIABLE FOR: (I) ANY ERRORS IN COMPETITION-RELATED MATERIALS,
OR LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, STOLEN, INCOMPLETE, ILLEGIBLE,
UNINTELLIGIBLE OR POSTAGE-DUE ENTRIES (AS APPLICABLE), NOTICES, RELEASES,
FORMS, AFFIDAVITS, OR OTHER CORRESPONDENCE; (II) TELEPHONE, ELECTRONIC,
HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER
MALFUNCTIONS, FAILURES, INTERRUPTIONS OR DIFFICULTIES OF ANY KIND; (III) FAILED,
INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) ANY CONDITION
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13
CAUSED BY EVENTS BEYOND THE CONTROL OF PRO SPEED BASEBALL THAT MAY CAUSE
THE SITE, COMPETITION OR JUDGING TO BE DISRUPTED OR CORRUPTED; (V) ANY
INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR AS A
RESULT OF ANY PRIZE, OR ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE, OR FROM
PARTICIPATION IN THE COMPETITION OR ARISING FROM THE REGISTRANT'S OR
PARTICIPANT'S ACCESS TO AND USE OF THE SITE (AND ALL RELATED WEBSITES,
INCLUDING PROSPEEDBASEBALL.COM), INCLUDING WITHOUT LIMITATION,
PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY
RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, TO THE EXTENT PERMITTED BY LAW; OR
(VI) ANY ERRORS IN ANY MATERIALS ASSOCIATED WITH THE COMPETITION. PRO SPEED
BASEBALL RESERVES THE RIGHT TO CANCEL, SUSPEND AND/OR MODIFY THE
COMPETITION IF ANY PROBLEM CORRUPTS THE ADMINISTRATION, SECURITY, OR
OPERATION OF THE COMPETITION, AS DETERMINED BY PRO SPEED BASEBALL IN ITS SOLE
DISCRETION. PRO SPEED BASEBALL RESERVES THE RIGHT IN ITS SOLE DISCRETION TO
DISQUALIFY ANY INDIVIDUAL IT FINDS TO BE TAMPERING WITH THE ENTRY,
REGISTRATION, SUBMISSION OR VOTING PROCESS OR THE OPERATION OF THE
COMPETITION OR TO BE ACTING IN VIOLATION OF PRO SPEED BASEBALL'S RULES OR IN
AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER. ANY ATTEMPT BY ANY PERSON TO
UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF
CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, PRO SPEED BASEBALL
RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE
FULLEST EXTENT PERMITTED BY LAW. PRO SPEED BASEBALL'S FAILURE TO ENFORCE ANY
TERM OF PRO SPEED BASEBALL'S RULES SHALL NOT CONSTITUTE A WAIVER OF THAT
PROVISION.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY
PRO SPEED BASEBALL PURSUANT TO THESE TERMS AND CONDITIONS OF USE, OR IN ANY
OTHER WAY CONCERNING THIS SITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH
YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF
THIS SITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR
IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN
TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES
OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY,
CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND
THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE
SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE
LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS "NO WARRANTIES" SECTION MAY NOT
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14
APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF
PRO SPEED BASEBALL IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY
MINIMIZING THE LIABILITY OF THE PRO SPEED BASEBALL PARTIES TO YOU TO THE
LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF
ANY OTHER LIMITATION SET FORTH IN THESE TERMS AND CONDITIONS OF USE.
THE PRO SPEED BASEBALL PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR
THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY
LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ABUSIVE, THREATENING,
UNLAWFUL, FRAUDULENT, HARMFUL, HARASSING, TORTIOUS, VULGAR, HATEFUL,
RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE OR OFFENSIVE POSTING OR
CONDUCT, ON THIS SITE BY ANYONE OTHER THAN AUTHORIZED PRO SPEED BASEBALL
EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES
WILL THE PRO SPEED BASEBALL PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED
BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY
INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS SITE.
PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE
EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
PRO SPEED BASEBALL DOES NOT ENDORSE, WARRANT OR GUARANTY ANY PRODUCT OR
SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND PRO SPEED BASEBALL
WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU
AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Some jurisdictions may not allow disclaimers of implied warranties and the above
disclaimer may not apply to you only as it relates to implied warranties. In such
jurisdictions, the above disclaimer will have the greatest extent permitted by applicable
law.
XVIII. Accuracy & Completeness
Due to constant advances in technology, training methods, and medicine, the possibility
of typographical error, unexpected scheduling changes of meetings, events, contests, and
educational opportunities posted on this Site, and the wide variety of authors
contributing to this Site, readers are encouraged to confirm the information contained
herein with other sources. Corrections and additions will be made only as allowed by the
availability of time and resources. The accuracy and timeliness of the information on this
Site cannot be guaranteed.
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15
YOU ACKNOWLEDGE AND AGREE THAT PRO SPEED BASEBALL DOES NOT, AS A PRACTICE,
MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON THIS SITE, NOR WILL WE HAVE
ANY OBLIGATION OR LIABILITY TO DO SO. ALTHOUGH CARE HAS BEEN TAKEN IN
PREPARING THE CONTENT, ALL INFORMATION, SERVICES AND CONTENT THAT IS
PROVIDED HERE OR COULD BE REACHED BY USING THIS SITE AS A STARTING POINT IS
PROVIDED TO YOU "AS-IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT
ACCESS TO AND USE OF THIS SITE AND THE INFORMATION, SERVICES AND CONTENT
AVAILABLE THEREON IS AT YOUR OWN RISK. NEITHER PRO SPEED BASEBALL NOR ANY
AUTHOR OR SUPPLIER CONTRIBUTING TO THIS SITE IS RESPONSIBLE FOR ANY ERRORS
OR OMISSIONS IN ANY INFORMATION PROVIDED OR THE RESULTS OBTAINED FROM THE
USE OF SUCH INFORMATION, SERVICES OR CONTENT.
XIX. Limited Liability
NEITHER PRO SPEED BASEBALL, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING,
DELIVERING OR MAINTAINING THIS SITE AND ANY CONTENT THEREON SHALL BE LIABLE
FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO
ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR ANY INFORMATION, SERVICES OR
CONTENT OR SERVICES AVAILABLE THEREON OR WHICH CAN BE REACHED BY USING THIS
SITE AS A STARTING POINT, OR ANY ERRORS OR OMISSIONS IN THE INFORMATION,
SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRO SPEED BASEBALL , ANY
PARTICIPATING ORGANIZATION OR ANY PARTY INVOLVED IN CREATING, PRODUCING,
DELIVERING OR MAINTAINING THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT
THEREON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AS WELL AS
DAMAGES TO PERSONAL PROPERTY.
XX. Indemnification
You agree to defend, indemnify and hold harmless Pro Speed Baseball and any other
party involved in creating, producing, delivering or maintaining this Site and each of their
respective officers, directors, employees, staff, agents, licensors, suppliers and third
party partners from and against all losses, expenses, damages and costs, including
without limitation, reasonable attorney and accounting fees, resulting from your
violation of these Terms and Conditions of Use, the breach by you of any representations,
warranties and/or covenants contained herein or your use of this Site.
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16
XXI. Taxes
You may be required to report as taxable income the value of any prizes received by you.
To collect a prize, you will be required to provide a valid Social Security number or other
tax identification number and any other information reasonably required by Pro Speed Baseball.
You acknowledge and agree that any such taxes shall be your sole
responsibility. Pro Speed Baseball and/or any sponsor who provides a particular prize
may report the value of the prize to local, state, provincial, national or foreign taxing
authorities.
XXII. Governing Law; Venue and Jurisdiction
The Terms and Conditions of Use are governed by the internal and substantive laws of
the State of North Carolina without respect to its conflict of laws principles.
You expressly agree that exclusive jurisdiction for any dispute with Pro Speed Baseball, or
in any way relating to your use of this Site, resides in the courts of the State of North
Carolina and you further agree and expressly consent to the exercise of personal
jurisdiction by the courts of the State of North Carolina in connection with any such
dispute including any claim involving Pro Speed Baseball or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication providers, content
provides and any other party involved in creating, producing, delivering or maintaining
this Site.
This Site is controlled and operated by Pro Speed Baseballfrom its offices within the State
of North Carolina, United States of America. Pro Speed Baseball makes no representation
that materials on or linked to from this Site are appropriate or available for use in other
locations. Those who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the extent local
laws are applicable. Software from this Site is further subject to United States export
controls. No Software from this Site may be downloaded or otherwise exported or reexported
(i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or
any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of, or a national or resident of
any such country or on any such list.
XXIII. Severability/Waiver
If any provision of these Terms and Conditions of Use is found to be invalid by any court
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17
having competent jurisdiction, the invalidity of such provision will not affect the validity
of the remaining provisions of these Terms and Conditions of Use, which will remain in
full force and effect. The section headings used herein are for convenience only and will
not affect the interpretation of these Terms and Conditions of Use.
Our failure to exercise any right or remedy available upon your breach of these Terms
and Conditions of Use or the failure by us to demand the prompt performance of any
obligation hereunder, will not be deemed a waiver of (a) our rights or remedies, (b) the
requirement of punctual performance or (c) any right or remedy in connection with a
subsequent breach or default on your party. No waiver of any of these Terms and
Conditions of Use will be deemed a further or continuing waiver of such terms and
condition or any other term or condition.
XXIV. Modifications
Pro Speed Baseball may, in its sole discretion and without prior notice, (a) revise these
Terms and Conditions of Use; (b) modify this Site, including the Privacy Policy; or (c)
discontinue this Site (in whole or in part) at any time. Pro Speed Baseball shall post any
revision to these Terms and Conditions of Use to this Site, and the revision shall be
effective immediately on such posting. You agree to review these Terms and Conditions
of Use and other online policies posted on this Site periodically to be aware of any
revisions. You agree that, by continuing to use or access this Site following notice of any
revision or the posting of any revision, you shall abide by any such revision.
XXV. Assignment
We may assign these Terms and Conditions of Use with or without notice to one or more
third parties.
XXVI. Complete Agreement
Except as expressly provided in any particular "legal notice" or end user software license
agreement found on this Site, these Terms and Conditions of Use and our Privacy Policy
constitute the entire agreement between you and Pro Speed Baseball with respect to the
use of this Site and the content therein.
XXVII. Our Address
Pro Speed Baseball
Date of these Terms and Conditions of Use: January 14, 2022