Privacy Policy

Terms of Use

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS WEBSITE.

This document sets forth your legal agreement with KineticProBaseball.com (“Company”, “we” or “us”). Your use of www.KineticProBaseball.com, its mobile applications and other online services (collectively “Website”, “Site” or “Services”) is subject to these Terms of Use (the “General Terms” or “Terms”).

By using the Website, you agree that you have read, understand and agree to these Terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications the Company may change at its sole discretion. If we change the Terms, then we will make a new copy available at the Website. Your use of the Services is subject to the most current version of the Terms at the time of such use. Your continued use of this Website will be deemed your conclusive acceptance of any modified agreement.

1. DEFINITIONS

  • “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
  • “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
  • “Online Video Library” means the database of training courses, tips and drills videos any other types of audio-visual works on the Website.
  • “User”, “Visitor” or “Non-subscriber” refers to any party who Accesses the Site. “You” or “Your” refers to the User. If you are accessing the Site as an employee or agent of another, “User” refers to you and your principal.
  • “Subscriber” refers to any person or entity that purchases or uses a subscription including a gift certificate to access the Online Video Library. Subscribers may choose a Free Subscription Plan, Monthly Paid Subscription Plan or Annual Paid Subscription Plan.
  • “Premium Content” means the training videos and other functions available on the Website only to the subscribers.
  • “Free Content” or “Promotional Content” means the training videos and other functions available on the Website to the public.
  • “Courses” means a set of training videos that are grouped together and are made available to be purchased as a “course”, separately from monthly or annual subscriptions.
  • “Tips & Drills” means training videos on the Website that are not treated as Courses.

2. LIMITED LICENSES

The Company hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content, information and functions available on the Website according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. Whether the Subscriber receives a license to the Premium Content or Free Content depends on the subscription plan.

3. FEES, RENEWAL & REFUND POLICIES

Monthly Subscribers

  • Monthly subscription plan.
  • Access to all tips and drills videos and discounted rate for Courses.
  • Automatically renews monthly until cancelled by Subscriber. Automatically renews on the same date of each corresponding month or on final day of month if no corresponding date (e.g., January 31, 2014 subscription renews on February 28, 2014).
  • Fees are charged on renewal date. Subscription fees are non-refundable.
  • Subscriber may cancel renewed subscription in their account settings.
  • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates.
  • KineticProBaseball.com may increase subscription fees for a subsequent subscription period at any time and for any reason; provided, however, that KineticProBaseball.com provides notice at least thirty (30) calendar days prior to the expiration of the subscription.
  • The Company may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information.
  • Right of Access to video library under these Terms is effective only upon payment of the subscription fees.

Annual Subscribers

  • Annual subscription plan.
  • Access to all tips, drills and Courses videos.
  • Automatically renews annually until cancelled by Subscriber. Automatically renews on the same day of each corresponding year or on final date of month if no corresponding date (e.g., February 29th).
  • Fees charged on renewal date. Subscription fees are non-refundable.
  • Subscriber may cancel renewed subscription in their account settings.
  • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates.
  • KineticProBaseball.com may increase subscription fees for a subsequent subscription period at any time and for any reason; provided, however, that KineticProBaseball.com provides notice at least thirty (30) calendar days prior to the expiration of the subscription.
  • The Company may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information.
  • Right of Access to video library under these Terms is effective only upon payment of the subscription fees.

“User”, “Visitor” or “Non-subscriber”

  • No subscription plan.
  • Fees, renewals and refunds do not apply.
  • Access to Free Content only.

4. REFERRALS AND CREDITS

All Users, upon completion of the registration process, will be able to establish an account with KineticProBaseball.com and send referral emails to friends or family members through the referral function on the Website. If the recipient of the referral email becomes a Subscriber (“Referee”) through the link provided in the referral email, the sender of the same email (“Referrer”) will earn credits equal to the amount published on the Website homepage.

  • Referrer earns the credits only after Referee makes the first payment to a subscription plan.
  • The credit will be used to offset the payment due to the Company from the referrer.
  • Credits can accumulate.
  • Credits cannot be cashed out or transferred. Credits automatically expire after 120 calendar days.

5. ACCESS TO VIDEO LIBRARY; MODIFICATION OF CONTENT

The Company strives to take all commercially reasonable efforts to provide uninterrupted Access to our Users. However, from time to time, Users may be unable to Access the VIDEO LIBRARY due to conditions beyond our control. Such conditions include, but are not limited to, force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the video library to its Users, KineticProBaseball.com will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
KineticProBaseball.com endeavors to provide the highest quality content to its Users. To that end, we reserves the right, in our sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

6. PROHIBITED CONDUCT

User expressly agrees to refrain from doing, either personally or through an agent, any of the following (“Prohibited Conduct”):

  • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects the Site’s computers, servers or databases.
  • Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
  • Permit or provide others Access to the Premium Content using your user name and password or otherwise, or the name and password of another authorized User.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
  • Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content, or “deep link” to the Site content.
  • Violate or attempt to violate the Site’s security mechanisms, Access any data or server you are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
  • Engage in any other conduct which violates the Copyright Act or other laws of the United States.
  • Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or KineticProBaseball.com.
  • Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
  • Misrepresent your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by KineticProBaseball.com.
  • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
  • Advertise or otherwise solicit funds, goods or services on the Site.
  • Provide any commercial hosting service with Access to the Site and/or the content on the Site.

To ensure that Users of the Site do not engage in Prohibited Conduct, KineticProBaseball.com reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the video library to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available at the video library beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the video library and will result in revocation or denial of Access to the video library. The terms “normal patterns” and “abuse” shall be determined solely by KineticProBaseball.com.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations including, without limitation, the U.S. Export Administration Regulations.

7. LIMITED WARRANTIES

KINETICPROBASEBALL.COM PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE WEBSITE.

KineticProBaseball.com warrants that the media containing software that allows Users to […WHAT???] (the “Software”), if provided by KineticProBaseball.com, is free from defects in material on the date the User acquired the Software.

KINETICPROBASEBALL.COM’S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE VIDEO LIBRARY. THE USER MUST INFORM KINETICPROBASEBALL.COM OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR KINETICPROBASEBALL.COM WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. KINETICPROBASEBALL.COM WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.

ALTHOUGH KINETICPROBASEBALL.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 7), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. KINETICPROBASEBALL.COM DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. KINETICPROBASEBALL.COM DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL KINETICPROBASEBALL.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT KINETICPROBASEBALL.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE VIDEO LIBRARY, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL KINETICPROBASEBALL.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT KINETICPROBASEBALL.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE VIDEO LIBRARY, EVEN IF KINETICPROBASEBALL.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF KINETICPROBASEBALL.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. KINETICPROBASEBALL.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF KINETICPROBASEBALL.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

KINETICPROBASEBALL.COM DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT KINETICPROBASEBALL.COM RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.

THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

9. Third Party Content; Hyperlinks

You acknowledge that KineticProBaseball.com does not pre-screen third party materials. KineticProBaseball.com is not the publisher or author of any information on the Site that is provided by third party content providers, and KineticProBaseball.com is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and KineticProBaseball.com’s use of the content constitutes neither an endorsement nor a recommendation by KineticProBaseball.com of the content. KineticProBaseball.com assumes no responsibility for third party products or services.

KineticProBaseball.com may contain links and references to other third party websites and materials. KineticProBaseball.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. KineticProBaseball.com does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. KineticProBaseball.com may disable any hyperlink to the Site. KineticProBaseball.com has the right but not obligation to monitor third party websites and hyperlinks to the Site.

KINETICPROBASEBALL.COM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, KINETICPROBASEBALL.COM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

10. Copyrights, Trademarks and Other Proprietary Rights

KineticProBaseball.com or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by KineticProBaseball.com. Except as expressly stated on the Site or in these Terms, nothing that you read or see on the Site or in the video library may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of KineticProBaseball.com, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of KineticProBaseball.com’s intellectual property except as set forth in Section 2.

If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to KineticProBaseball.com, you may forfeit your intellectual property rights and moral rights contained in such communication or material.

11. Indemnification

User agrees to defend, indemnify and otherwise hold harmless KineticProBaseball.com and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

12. Security; Authorized Use

Users are prohibited from violating or attempting to violate the security of the Site. KineticProBaseball.com has the right, but not the obligation, to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. KineticProBaseball.com may suspend your Access while it conducts an investigation. Users are required to enter a user name and password to Access the video library. To protect against unauthorized Access to your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password.

You represent and warrant that you are the person on whose behalf you claim to accept these Terms, or, if you are entering into these Terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these Terms.

You may not use the account, user name or password of someone else at any time. You agree to notify KineticProBaseball.com immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify KineticProBaseball.com immediately if you are aware of or suspect other unauthorized use of the Site and/or the Site content. KineticProBaseball.com will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by KineticProBaseball.com, its affiliates, officers, directors, employees, consultants, agents or representatives, due to someone else’s use of your account, user name or password.

KineticProBaseball.com will never ask you for your password. If you need a new user name and/or password, KineticProBaseball.com will generate a new user name and password automatically through its computers and send it to your e-mail or postal address.

13. Termination of Agreement

In addition to KineticProBaseball.com’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. KineticProBaseball.com may also terminate your Access to the video library or cancel subscriptions to the video library without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement, or engaged in conduct that KineticProBaseball.com deems inappropriate.

14. Privacy Policy

KineticProBaseball.com values your trust. In order to honor that trust, all of KineticProBaseball.com’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information you provide. For more information, please review KineticProBaseball.com’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

15. Miscellaneous

These Terms constitute the entire agreement between KineticProBaseball.com and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between KineticProBaseball.com and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, KineticProBaseball.com may pursue any legal or equitable remedy available including, but not limited to, direct, consequential and punitive damages and injunctive relief. KineticProBaseball.com’s remedies are cumulative and not exclusive. Failure of KineticProBaseball.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statute(s) of limitations. KineticProBaseball.com makes no representation that the content of the Site is appropriate or available for use in all locations. KineticProBaseball.com operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. KineticProBaseball.com cannot provide notifications via post, only e-mail.

16. Governing Law; Dispute Resolution; Forum and Venue

These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Florida law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and KineticProBaseball.com shall be finally resolved through binding arbitration in Pinellas County, Florida. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Circuit Court in and for Pinellas County, Florida. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Circuit Court in and for Pinellas County, Florida for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.

EFFECTIVE DATE: January 1st, 2014

 

Use Policy

KineticPro Performance, LLC, a Florida company, doing business as (“DBA”) KineticProBaseball.com, (referred to as “KineticPro”, “KineticProBaseball”,“Company”, “we” or “us”), provides the Website located at www.KineticProBaseball.com, the KineticProBaseball.com mobile app and the Company’s online social media accounts (collectively, the “Website”), subject to your compliance with all the terms, conditions and notices contained or referenced herein (the, “Policy”). In addition, when subscribing to certain services from the Website, users will be subject to additional rules applicable to such services.

KineticProBaseball.com reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at our sole discretion. The most recent version of this Agreement will be posted on our Website. Although we will provide notice of material changes to this Agreement on the Website, as a user it is your sole responsibility to keep yourself apprised of any such modifications or amendments.

By using the website, you indicate that you accept the policy and that you agree to abide by it. Should you object to any terms and conditions of this agreement or other policies on this website and subsequent modifications thereto or become dissatisfied with the Website in any way, your only remedy is to stop using the Website.

1. WEBSITE ACCESS

You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

 

2. USER OBLIGATIONS AND REPRESENTATIONS

(a) You may use the Website only for lawful purposes and in accordance with this Policy.
(b) You promise that: (i) you are of legal age to form a binding contract with the Company; (ii) you will not use the Website in any way that violates any applicable local or international law or regulation; (iii) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with the ‘Content Standards’ (defined below); (iv) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website; (vi) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (viii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company.

 

3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The information available on the Website is intended to be a general resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, or professional advice. Any reliance you place on information available on the Website is strictly at your own risk. This Website is not intended for use by minors without parental supervision.

Neither the company nor anyone associated with the company promise, represents or warrants that the website or items obtained through the website or any portion thereof will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the website or the server that makes them available are free of viruses or other harmful components, or that the Website or items obtained through the Website will otherwise meet your needs or expectations. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.

Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in locations outside the United States. Those who choose to access the Website from other countries do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
To the maximum extent permitted by law, in no event shall the company, its licensors, employees, agents, officers or directors be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, loss of data, or loss of profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Website or of any website referenced or linked to from our Website. You will be responsible for all claims and damages resulting from the misuse of the website by you.

 

4.LINKS TO AND FROM THE WEBSITE

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless you have received the express written consent of the Company.

The Website may contain links to third party websites that are not owned or controlled by the Company. We assume no responsibility for the content, privacy policies and practices of any third party websites. In addition, we cannot censor or change the content of any third-party site. Be aware when you leave the Website and to read the terms and conditions and privacy policy of any third-party website that you visit. You agree to relieve the Company from any liability arising from your use of any third-party website.

5. INTELLECTUAL PROPERTY RIGHTS

(a) The Website 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. This Policy permits you to use the Website for your non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company.

(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.

(c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

(d) KineticProBaseball.com or “KineticPro Performance, LLC”, or “KineticPro Baseball ”  and other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Company in the United States and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

6. USER SUBMISSIONS

(a) We may from time-to-time provide interactive services such as message boards, chat rooms, forums, ‘share’, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other persons (hereinafter, “post”) content or materials (collectively, “User Submissions”) on or through the Website. User Submissions must in their entirety comply with all applicable local and international laws and regulations.

Without limiting the foregoing, User Submissions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party; (iv) infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws; (v) promote any illegal activity, or advocate, promote or assist any unlawful act; (vi) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (vii) impersonate any person, or misrepresent your identity or affiliation with any person or organization (viii) involve commercial activities or sales (viiii) be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity

(b) You promise that you own or control all rights in and to the User Submissions and have the right to grant such license to us. You agree that you will have no claim or other recourse against the Company for infringement of any proprietary right with respect to your User Submissions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Submissions, including but not limited to, the right to be attributed as the author of the User Submissions. Any User Submission that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Submission, you grant the Company and its successors the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

(c) If you provide a User Submission to be published or displayed on public areas of the Website, or transmitted to other users of the Website or any third parties, you accept that your User Submissions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website or any third parties with whom you may choose to share your User Submissions. Therefore, we cannot and do not guarantee that your User Submissions will not be viewed by unauthorized persons.

(d) User Submissions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Submissions posted by you or any other user of the Website.

7. DMCA COPYRIGHT AGENT

If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed.

(iii) 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.

(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.

(v) A statement that the complaining party has 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.

(vi) A statement 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 an exclusive right that is allegedly infringed.

The Site’s Copyright Agent can be reached at:
Larson & Larson, P.A. 11199 69th Street North, Largo, FL 33773

8. PRIVACY

All information we collect on the Website is subject to our PRIVACY POLICY. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

9. SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS

In addition to this Policy and the PRIVACY POLICY (collectively, the “Website Policies”), all subscriptions to the Company’s products and services, are governed by our online click-through TERMS AND CONDITIONS, paper contract, or other stated terms, depending on the type of product/service you are using.

10. INDEMNITY

You agree to defend, indemnify and hold harmless KineticPro Performance, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the KineticProBaseball.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

11. GENERAL LAW GOVERNANCE

You agree that: (i) the Website shall be deemed solely based in Florida; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Hillsborough County, Florida.

These Terms of Service, together with the Privacy Policy and any other legal notices published by on the Website, shall constitute the entire agreement between you and the Company concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

You agree that any cause of action arising out of or related to the Website must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Last Modified: May 1st, 2014