Elite Member Agreement

Based on the selected membership type, members are entitled to the benefits stated on the membership benefits form.  Members shall abide by all facility rules at all times.  Violation of any facility rules and policies may result in revocation of membership privileges.  A fee of $25 will be assessed for each declined transaction.  A additional late fee or $25 will be assessed for payment not made within 10 days of due date for any reason including a declined credit card.

Membership cancellation requires written notice.  Early termination of an annual membership requires 30 days written notice and will result in a $395 penalty fee for early cancellation (prior to payment of 12 consecutive and active months).  Any prorated charges due to complete the 30 day period from receipt of written cancellation will be charged on or after the date of receipt of written cancellation.  Annual memberships paid monthly will automatically convert to a month to month membership at the current month to month rate following completion of the 12 month annual commitment.  The membership will remain active and billing indefinitely until a new annual agreement is completed, received and executed by TPC or until written cancellation notice is received.  Annual memberships paid in full are non-refundable. 

A temporary hold may be placed on the membership only in the case of injury with written documentation from the member’s physician requiring a cessation of specific activity.  A fee of $19/mo will be assessed during the time of the hold.  Upon return to active status, the membership will resume at the membership rate at the time of return and will be in effect through the number of remaining months to complete a full 12 month active period.  To renew at the discounted annual rate, members must complete a new membership agreement form.

Receipt of written cancellation of a month to month membership will terminate the membership as of the final day of that month’s billing cycle.  No portion of a charge already made will be refunded and no further membership charges will be made. Month to Month memberships will automatically renew each month until terminated.  Membership benefits will terminate as of the final day of the current billing cycle.  The member will be responsible to pay the difference for any events scheduled and paid for at the discounted member rate following the date of cancellation.  The undersigned agrees to all terms and conditions set forth in this agreement as well as the liability release form.

Automatic Recurring Billing Authorization: The ARB portion must be completed in order to activate your membership unless you have chosen to pay annual in full.

In accordance with the member agreement below, I authorize The Pitching Center, Inc. to automatically charge my credit card or debit card each month.  I understand and agree to adhere to all payment and other conditions set forth in the member agreement.  The membership shall commence as of today’s date and monthly payments will be debited from the card placed on file until written cancellation notice per the member agreement is provided.

Parent or Adult Participant Name:______________________________________________________            

Address:___________________________________________________ City:____________________________ State:_________ Zip:_______________

Phone:________________________________________________ Alt. Phone (Emergency/Cell Phone)_______________________________________

Email address:________________________________________________________________________________________________________________

Minor Participant Name: ______________________________________________________ Gender:   M    F   Birth Date: _______________________

Minor Participant Name: ______________________________________________________Gender:   M    F    Birth Date: _______________________

Minor Participant Name: ______________________________________________________Gender:   M    F    Birth Date: _______________________

Minor Participant Name: ______________________________________________________Gender:   M    F    Birth Date: _______________________

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND

PARENTAL CONSENT AGREEMENT (“AGREEMENT”)

IN CONSIDERATION of being permitted to participate in any way in The Pitching Center, Inc. activities (“Activities”) I, for myself for personal representatives, assigns, heirs, and

next of kin:

1. ACKNOWLEDGE, agree, and represent that I understand the nature of The Pitching Center, Inc. Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.

2. FULLY UNDERSTAND THAT: (a) THE PITCHING CENTER, INC. ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDINGPERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.

3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE THE PITCHING CENTER, INC., their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activity takes place,(each considered one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT

FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO

THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING,

SHALL CONTINUE IN FULL FORCE AND EFFECT.

MINOR RELEASE

AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF THE PITCHING CENTER, INC. ACTIVITIES AND THE MINOR’S EXPERIENCE

AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I

HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL

LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE

NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE

MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS

EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY

SUCH CLAIM.

Signature of Adult Participant or Parent/Guardian: _______________________________________________________________

Date: ________________________________

·         All TPC memberships, classes, lessons and programs have a limited number of spaces available.  Registration and space reservation in any class, lesson or program are not complete until payment has been received and processed successfully.  Spaces will not be held without payment.

·       Payment for specialty programs requires a minimum Classic membership and one (1) month deposit together with a completed auto-debit form or pre-payment in full for the program.  The form allows The Pitching Center, Inc. to debit either your credit card or bank account for the remaining program balance divided into equal payments each remaining month of the program.  If dividing the program fee into monthly payments a service fee will be applied for each payment.

·         Check or cash payment may also be made for programs either in full or for the balance remaining following the deposit.  To pay by cash or check in full, payment must be received and processed before your spot is reserved.

·         Private lessons or initial evaluation sessions require a minimum payment of $49 and in some cases payment in full in upon reservation.  Any balance due must be paid on or before the time of service.  Payments are subject to the scheduling policy below.

·        Special rate events and sessions are subject to the terms assigned to those events.  Any additional amount due for persons making a reservation at a special rate for which they do not qualify will be due on or before the time of service.  Be sure to note special requirements for special pricing and ask a TPC representative to verify your eligibility if you are uncertain.

·         Elite membership payments are set up on an automatic recurring charge basis unless choosing an annual pay in full option.  Members are subject to the terms set forth in the membership agreement.  Payments will recur each full month on the same date as registration.  We do not pro rate based on a calendar month.

·         All students will select a specific lesson, class or classes based on the program of choice at the time of registration for any roster based specialty class, program or private lesson.

·         TPC Specialty Programs generally have multiple class schedule options.  Each class will have a limited number of spaces available to be scheduled as a make-up class for current students only.  Students currently registered in a specialty class may attend a make up for a missed class anytime during that current session.  Eligible make up classes include those in the same skill/age group or a level 1 elite training class.

·         Private Lessons/Evaluations: If you have scheduled a private or semi-private lesson you must give at least 24 hours notice to cancel or reschedule.  Reschedule options are based on availability.  A request to cancel or reschedule a lesson between 24 – 2 hours prior will result in forfeit of the $49 deposit.  Any request to cancel or reschedule with less than 2 hours notice will result in forfeit or billing of full lesson price.  Deposit payment is non-refundable.  With applicable notice the deposit may be applied toward a rescheduled session.

·         Students who sustain an injury that prevents them from participating must supply TPC with a written Dr note including the amount of time away from relevant activity to receive consideration for fee credit or medical injury hold of a membership.

·         Any student choosing to vacate a specialty program will be charged a minimum one (1) month program cost fee in addition to the cost for services rendered as well as a fee for any program discount received by said player.  Early termination of an annual membership will result in applicable fees as stated in the membership agreement.  There are no temporary hold options for annual memberships.  The discounted annual membership rates are based on a 12 consecutive month commitment.

Thank you for visiting The Pitching Center.com, The Pitching Center, Inc. website. Your privacy is important to us, so to better protect it we provide this statement explaining our online information practices and the choices you can make about the way your information is collected and used at The Pitching Center site. While providing pitching instruction and fitness training services is the cornerstone of our business, our most important asset is our customers’ trust. Keeping customer information secure, and using it only as our customers would want us to, is a top priority for all of us at The Pitching Center, Inc.

We will safeguard, according to strict standards of security and confidentiality, any information our customers share with us.

We will limit the collection and use of customer information to the minimum we require to deliver superior service to our customers, and to administer our business.

We will permit only authorized employees, who are trained in the proper handling of customer information, to have access to that information. Employees who violate our Privacy Policy will be subject to our normal disciplinary process.

We will not reveal customer information to any external organization unless we have previously informed the customer in disclosures or agreements, have been authorized by the customer, or are required by law.

We will always maintain control over the confidentiality of our customer information.

We tell customers on request and in plain language how they may remove their names from The Pitching Center lists. At any time, customers can contact us here to remove their names from such lists.

Whenever we hire other organizations to provide support services, we will require them to conform to our privacy standards and allow us to audit them for compliance.

We will continuously assess ourselves to ensure that customer privacy is respected. We will conduct our business in a manner that fulfills our Policy in the many regions in which we do business.

Our Commitment to Security

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

The Information We Collect

At www.thepitchingcenter.com, you can book instructional sessions, order products, participate in polls or surveys, or otherwise express an opinion, subscribe to one of our services such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that you choose to provide and that may be collected at these pages include: name, address, e-mail address, telephone number, fax number, and information about your interests in and use of various products, programs, and services. The Pitching Center does not collect credit card information, and instead uses a secure, trusted third-party payment gateway system to process purchase transactions.

Only persons who register and provide us with the requested personally identifiable information will be able to book services, or purchase products or otherwise participate in the site’s activities and offerings.

We also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows XP or Mac OS) and the domain name of your Internet service provider (e.g., Comcast, America Online, etc.).

How We Use the Information

We may use the information you choose to provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about offerings, and to offer you other products, programs or services that we

believe may be of interest to you.

We sometimes use this information to communicate with you, such as to notify you when you have been added to a session from a wait list, or when we make changes to subscriber agreements, to fulfill a request made by you for an online newsletter, or to contact you about your account with us.

We use the information that you provide about others to enable us to send them products and services you may have purchased for them. From time to time, we also may use this information to offer our products, programs, or services to them.

If you choose to submit content for publication (e.g., a posting on our forum), we may publish your screen name and other information you have provided to us.

The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.

We sometimes use anonymous, or non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.

We will disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.

Agents and contractors of The Pitching Center, Inc. who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Notice by, for example, not using the information for any purpose other than to carry out the services they are performing for The Pitching Center, Inc.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice. Inadvertent disclosures may result, for example, when third parties misrepresent their identities in asking the site for access to personally identifiable information about themselves for purposes of correcting possible factual errors in the data.

Cookies

To enhance your experience with our sites, some of our web pages may use cookies, which are small text files we place in your computer’s browser to store your preferences. Cookies cannot be read by a Web site other than the one that set the cookie. Most cookies last only through a single session, or visit to our site. You can set up your Web browser to inform you when cookies are set, or to prevent cookies from being set.

Cookies, by themselves, do not contain personally identifiable information that would enable anyone to contact you via telephone, e-mail, or any other means. However, once you choose to provide personally identifiable information to us by, for example, registering at our site, this information may be linked to the data stored in the cookie.

We use cookies to record session and user-specific information about the pages users access or visit, and to understand site usage and improve the content and offerings on our sites. For example, we may use cookies to personalize your experience at our web pages (e.g. to recognize you by name when you return to our site), save your password in password-protected areas, and enable you to use shopping carts on our sites. We also may use cookies to offer you products, programs, or services.

We may also use small pieces of code called ‘web beacons’ or ‘clear gifs’ to collect anonymous and aggregate metrics, such as counting page views, promotion views, or advertising responses. These ‘web beacons’ may be used to deliver cookies that conform to our cookie policy.

Privacy Options: Opt-in/opt-out

If you prefer not to receive traditional mail or other off-line promotions from The Pitching Center, or any companies not owned by The Pitching Center, Inc., please click here. If you’d rather not receive email updates, you can delete your name from our email marketing list by clicking on the opt-out link provided within an email update that you may have received from us, or you may click here.

If The Pitching Center site discloses personally identifiable information to companies not owned by The Pitching Center, Inc. who wants to market products or services to you, it will provide you with an opportunity to opt out or block such uses. If you prefer not to receive online marketing information from companies not owned by The Pitching Center, Inc., please click here.

The Pitching Center, Inc. may on occasion combine information we receive online with outside records to enhance our ability to market to you those products or services that may be of interest to you. If you prefer not to receive online marketing information from this or any other The Pitching Center, Inc. site, please here.

Finally, The Pitching Center, Inc. sites will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.

How to Contact Us

If you have any questions or concerns about The Pitching Center, Inc. online policy for this site or its implementation please contact us via email by clicking here or at the following postal address:

The Pitching Center, Inc.
Attention: Customer Service
7073 Commerce Circle,
Pleasanton, CA 94588

1. Definitions
   The “The Pitching Center Sites” shall mean all areas and any subscription, gratis or paid, or other paid products and services offered or available on the interactive online service operated by The Pitching Center on the World Wide Web. The Pitching Center Sites consist of information services and content provided by The Pitching Center, affiliates of The Pitching Center and third parties. The term “Community Areas” means the bulletin boards/forums/discussion boards, chat rooms and other user participatory areas on sites controlled and owned by The Pitching Center, Inc.
2. General
   The Pitching Center shall have the right at any time to change or discontinue any aspect or feature of The Pitching Center Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use of the Community Areas by you after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
3. Use of The Pitching Center site and the Community Areas
   1. The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in The Pitching Center’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with The Pitching Center’s express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by The Pitching Center.
   2. The Pitching Center Site and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of The Pitching Center Sites are copyrighted as a collective work under the United States copyright laws. The Pitching Center is the owner of the copyright in the entire The Pitching Center Sites. The Pitching Center owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of The Pitching Center Site or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from The Pitching Center Sites without the express permission of The Pitching Center and the copyright owner. In the event of any permitted copying, redistribution or publication of material from The Pitching Center Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
   3. You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
   4. You hereby grant to The Pitching Center Inc. and their respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to The Pitching Center (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
   5. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that The Pitching Center considers to be offensive.
   6. You shall provide The Pitching Center with accurate, complete and updated information provided by you at the time of registration.
   7. The Pitching Center Sites contain links to other web sites, resources and advertisers. The Pitching Center is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall The Pitching Center be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or webmaster.
   8. You shall be responsible for obtaining and maintaining all communications access equipment, telephone, computer hardware and other equipment needed for access to and use of The Pitching Center Sites and Community Areas and all charges related thereto.
   9. The foregoing provisions of this Section 3 are for the benefit of The Pitching Center, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
   10. The Pitching Center has carefully designed The Pitching Center Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of The Pitching Center Sites in any way that interferes with that purpose. In particular, The Pitching Center prohibits any party from displaying the content on The Pitching Center Sites in any format where third party advertising or other materials that The Pitching Center did not authorize is viewed or viewable together with The Pitching Center’s proprietary content.
4. Monitoring
   The Pitching Center shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by The Pitching Center from time to time. The Pitching Center shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, The Pitching Center shall have the right, but not the obligation, to remove any material that The Pitching Center, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of The Pitching Center, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither The Pitching Center nor any of its affiliates shall assume or have any liability for any action or inaction by The Pitching Center with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
5. Disclaimer of Warranty; Limitation of Liability
   
   1. YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE PITCHING CENTER SITES IS AT YOUR SOLE RISK. NEITHER THE PITCHING CENTER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PITCHING CENTER SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PITCHING CENTER SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.
   2. THE PITCHING CENTER SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
   3. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE PITCHING CENTER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
   4. IN NO EVENT WILL THE PITCHING CENTER OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PITCHING CENTER SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PITCHING CENTER SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE PITCHING CENTER SITES AND/OR THE COMMUNITY AREAS. THE PITCHING CENTER’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO THE PITCHING CENTER
   5. THE PITCHING CENTER NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE PITCHING CENTER SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED THE PITCHING CENTER EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE PITCHING CENTER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE PITCHING CENTER SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE PITCHING CENTER SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
   6. THE PITCHING CENTER DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE PITCHING CENTER SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS 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. THE PITCHING CENTER MAKES PRODUCTS OR SERVICES AVAILABLE ON THE PITCHING CENTER SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
6. Indemnification
   You agree to defend, indemnify and hold harmless The Pitching Center, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of The Pitching Center Sites and/or the Community Areas.
7. Termination
   The Pitching Center shall have the right to immediately terminate this Agreement with respect to any user which The Pitching Center, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8 and 10 shall survive termination of this Agreement.
8. Trademarks
   All trademarks appearing on The Pitching Center Sites are the property of their respective owners, including, in some instances, The Pitching Center.
9. Privacy
   The Pitching Center Sites collect no personally identifying information about you except when specifically and knowingly provided by you. An adult user’s personally identifying information will not be transferred to any other party unless otherwise stated at the time of collection. (See below regarding personally identifying information about and from minors)
   1. Your personally identifying information may be used by The Pitching Center for editorial purposes. The Pitching Center may also use such information provided by adult users for promotional and marketing purposes. You have the ability to stop your information being used for marketing and promotional purposes by sending an e-mail request to The Pitching Center by clicking here. Any personally identifying information collected by The Pitching Center from minors is used for editorial participation and feedback purposes, together with any other purposes that will be describe where the information is collected, and will not be transferred to any third party.
   2. The Pitching Center Sites may place a “cookie” in the browser files of your computer. The cookie itself does not contain any personally identifying information, although the cookie could enable The Pitching Center to relate your use of The Pitching Center Sites to information that you have specifically and knowingly provided.
   3. You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address) on the Community Areas, that information can be collected and used by others and may result in unsolicited messages from other posters or parties.
10. Subscription Services; Products
    1. Subscription Services. The Pitching Center makes available to users certain online subscription services and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by The Pitching Center on The Pitching Center Sites (the “Subscription”):Subscription Terms. The Subscription will continue until The Pitching Center receives notification of termination from you as described in subsection C below. You authorize The Pitching Center to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you accepted an offer that included a free trial period, your credit card account will not be charged until after the end of the free trial period. If you ordered in response to a free trial period offer, you may cancel the subscription process and avoid a charge to your credit card account by going to the Subscription Summary and following the directions listed. If you subscribed for a term of one (1) year or more, you will be notified by The Pitching Center before the account designated by you is charged after the first term. Current fees may be obtained by going to the Subscription Summary. You are responsible for any charges associated to connecting to The Pitching Center Sites, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide The Pitching Center with accurate, complete and updated information as to your name and e-mail address and credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
       1. Changed Terms. The Pitching Center shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on The Pitching Center Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in subsection C below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
       2. Termination. Either you or The Pitching Center may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of The Pitching Center in operating The Pitching Center Sites and/or the Community Areas, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice to The Pitching Center, Inc., Attention: Customer Service, PO Box 1195 4300 Black Ave, Pleasanton, CA 94566-0119, by e-mail sent to our Help Form, or by going to the Subscription Summary and following the directions listed. Notice of termination will be effective upon receipt by The Pitching Center Without limiting the foregoing, The Pitching Center shall have the right to immediately terminate this Agreement with respect to any user which The Pitching Center, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections 5, 6, 7, 8 and this Section 10 shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by The Pitching Center for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection C of this Agreement in which you identify the termination as resulting from changed terms, The Pitching Center shall make a pro rata refund to you.
    2. Products and Other Services. With respect to products and services offered for sale by The Pitching Center and third parties or through The Pitching Center Sites: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
11. Miscellaneous
    This Agreement and any operating rules for The Pitching Center Sites and the Community Areas established by The Pitching Center constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.