Hitting Performance Lab Terms of Service

By using the HittingPerformanceLab.com web site (“Service”), or any services of HittingPerformanceLab LLC (“HittingPerformanceLab”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.

HittingPerformanceLab reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.HittingPerformanceLab.com/termsofservice

Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.

A. Account Terms

  1. You must be 13 years or older to use this Service
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
  4. You are responsible for maintaining the security of your account and password. HittingPerformanceLab cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have login access to your account).
  6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

B. Payment, Refunds, Upgrading and Downgrading Terms

  1. All plans must enter a valid credit card.
  2. All fees and charges incurred in connection with your HittingPerformanceLab account will be billed to the credit card designated during the registration process for the Account or subsequently designated by you to HittingPerformanceLab. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may change your card details by clicking "My Account", then "My Subscription", and then clicking "Change Card."
  3. All monthly plans will continue and renew automatically, unless properly cancelled (see Section C #1)
  4. If you initially sign up for a plan which includes a free or discounted trial period, and you don’t cancel that account before the stated trial period expires, you will be billed monthly for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
  5. An upgrade to any plan from an Account in a trial period will end your trial immediately. You will be billed for your first month immediately upon upgrading.
  6. The Service is billed in advance on a monthly basis and is non-refundable. Aside from the initial 60-day money-back guarantee after you initially sign up, there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  7. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  8. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. An upgrade to any higher priced plan will immediately bill you for the prorated difference for the current billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing(s). This credit will not be refunded.
  9. Downgrading your Service may cause the loss of features or capacity of your Account. HittingPerformanceLab does not accept any liability for such loss.

C. Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “My Account” then “My Subscription” link in the global navigation bar at the top of the screen. The “My Subscription” page provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. HittingPerformanceLab, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other HittingPerformanceLab service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. HittingPerformanceLab reserves the right to refuse service to anyone for any reason at any time.

D. Modifications to the Service and Prices

  1. HittingPerformanceLab reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the HittingPerformanceLab site (HittingPerformanceLab.com) or the Service itself.
  3. HittingPerformanceLab shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

E. Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and Content uploaded (including but not limited to videos, audio recordings, file attachments, and written text) remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
  2. HittingPerformanceLab does not pre-screen Content, but HittingPerformanceLab has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
  3. You shall defend HittingPerformanceLab against any claim, demand, suit or proceeding made or brought against HittingPerformanceLab by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify HittingPerformanceLab for any damages finally awarded against, and for reasonable attorney’s fees incurred by, HittingPerformanceLab in connection with any such claim, demand, suit or proceeding; provided, that HittingPerformanceLab (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases HittingPerformanceLab of all liability); and (c) provides to You all reasonable assistance, at Your expense.
  4. The look and feel of the Service is copyright ©2013 HittingPerformanceLab, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from HittingPerformanceLab.

F. General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email and live text chat. Support is only available in English.
  3. You understand that HittingPerformanceLab uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, HittingPerformanceLab, or any other HittingPerformanceLab service.
  5. You may use HittingPerformanceLab subdomains (e.g., yourname.kajabi.com) solely as permitted and intended by HittingPerformanceLab to host your membership sites and marketing pages, and for no other purpose. You may not use HittingPerformanceLab subdomains in violation of HittingPerformanceLab’s trademark or other rights or in violation of applicable law. HittingPerformanceLab reserves the right at all times to reclaim any HittingPerformanceLab subdomain without liability to you.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by HittingPerformanceLab.
  7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any HittingPerformanceLab customer, employee, member, or officer will result in immediate Account termination.
  9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. You must not upload, post, host, or transmit unsolicited email, or "spam" messages.
  11. HittingPerformanceLab does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that HittingPerformanceLab shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HittingPerformanceLab has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
  13. The failure of HittingPerformanceLab to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and HittingPerformanceLab and govern your use of the Service, superseding any prior agreements between you and HittingPerformanceLab (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.
  14. Questions about the Terms of Service should be sent using the following LINK.

Accuracy and Availability of Information

The Site contains database information and other content compiled by HittingPerformanceLab. While we use commercially reasonable efforts to provide accurate information, HittingPerformanceLab gives no warranty as to the accuracy of the database and other content on the Site. HittingPerformanceLab reserves the right to withdraw or delete information or content from the Site at any time.

Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by HittingPerformanceLab except in a signed, non-electronic writing signed by an authorized representative of HittingPerformanceLab.