Web Site Terms and Conditions of Use
Pro Baseball Insider LLC ("PBI" or "Pro Baseball Insider" or "The Academy at PBI")
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted permission to use or download (where applicable) for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- post the material on any public forum, website, or other online platform;
- share login information outside your immediate family or your team's coach/assistant coach; [Bulk use for a baseball facility, multiple teams, coaches, players or parents requires a League License or Facility License from Pro Baseball Insider]
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Company's web site are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company's Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Company's web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.
Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to Company's web site shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions.
Pro Baseball Insider retains all rights to all materials inside The Confident Infielder, The Elite Catcher, and all other materials produced by Pro Baseball Insider or it's affiliates. Content within may not be reproduced, posted publicly or shared beyond it's intended scope without express permission from Pro Baseball Insider.
Copyright © 2019 Pro Baseball Insider LLC
- Changes. PBI reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PBI may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. PBI may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your academy.probaseballinsider.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by PBI if you materially breach this Agreement and fail to cure such breach within thirty (30) days from PBI's notice to you thereof; provided that, PBI can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". PBI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PBI nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will PBI, Doug Bernier, Sarah Bernier, Ryan Lavarnway, or its suppliers or licensors or any other contributor, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PBI under this agreement during the twelve (12) month period prior to the cause of action. PBI shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless PBI, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between PBI and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PBI, or by the posting by PBI of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Denver, CO, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pro Baseball Insider may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns
IN PLAIN ENGLISH - IMPORTANT LEGAL DISCLAIMER
Baseball is a physical sport with certain inherent risk of getting injured. By remaining enrolled in this course, you are agreeing to hold Pro Baseball Insider LLC and any of its instructors blameless of any liability for injury that might be incurred as a result of playing baseball or doing any of the activities discussed in this program.
Talk to a doctor before doing strenuous physical activity, and before performing any of the techniques or drills prescribed in this program.
Again, you are participating in this program AT YOUR OWN RISK.
If you do not agree to assume all risk for your own actions, please ask for a refund or otherwise terminate your enrollment in any PBI program or product offering IMMEDIATELY and do not watch any videos or view or download any of the materials.
By remaining a member of this program and participating/watching/downloading anything beyond this point, and by not immediately asking for a refund, you are agreeing to all of these terms:
I ACKNOWLEDGE AND UNDERSTAND THAT ALL RISK, WHETHER KNOWN OR UNKNOWN, IS EXPRESSLY ASSUMED BY ME, AND ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, ARE EXPRESSLY WAIVED IN ADVANCE.
By consuming any of the instructional content in this course, the participant agrees to waive, release, discharge, indemnify and hold harmless Pro Baseball Insider LLC (PBI), Doug Bernier, Ryan Lavarnway, and anyone else connected with PBI in any way from any and all liability, action, causes of action, debts, claims and demands of any kind or nature whatseover which the may arise out of or in connection with participation in any of the activities with The Elite Catcher, The Confident Infielder, or any other program offered on this website, by The Academy at PBI or PBI.