Terms of Service
Introduction
Welcome to Out Front Hitting. These Terms of Service ("Terms") govern your use of our website and services, and by accessing, browsing, or otherwise using our services, you agree to be bound by these Terms and all terms incorporated by reference. Please read these Terms carefully before using our services.
About Out Front Hitting
Out Front Hitting is a limited liability company located in Chelsea, Alabama. We specialize in providing high-quality baseball and softball training services. Our offerings are designed to help players at all levels—from youth to professional—improve their hitting skills through personalized coaching and the use of advanced technology.
Eligibility
You must be at least 18 years old to use our services, or if you are under 18, you must have parental or guardian consent to agree to these Terms and to use the services.
Description of Services
Out Front Hitting provides a range of services aimed at improving your hitting skills. These include:
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Personalized Coaching: One-on-one coaching sessions tailored to the specific needs of each player.
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Group Lessons: Sessions designed for groups to enhance skills in a collaborative environment.
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Virtual Training: Online classes and tutorials that allow players to access our training remotely.
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Video Analysis: Detailed analysis of players' hitting mechanics, provided by our coaches using state-of-the-art technology.
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Consulting Services: Customized advice for professional and collegiate teams and players to enhance their hitting performance.
Each service is designed to provide comprehensive training using various techniques and technologies, including motion analysis tools and real-time feedback systems. Our goal is to provide services that meet the needs of players at all competitive levels and help them achieve their full potential in baseball or softball.
Account Registration
To access certain features of our services, you may be required to create an account. When registering an account, you agree to:
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Provide Accurate Information: Furnish true, accurate, current, and complete information about yourself as prompted by the registration forms.
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Maintain Security: Maintain the confidentiality of your password and other information related to the security of your account.
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Update Information: Promptly update the registration information to keep it true, accurate, current, and complete.
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Account Responsibility: Accept responsibility for all activities that occur under your account, whether or not authorized by you.
User Responsibilities
As a user of Out Front Hitting, you are expected to:
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Comply with Laws: Use the services in a manner consistent with all applicable local, state, national, and international laws and regulations.
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Respect Intellectual Property: Not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by us.
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User Conduct: Not to engage in conduct that is harmful, abusive, offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable.
Payment Terms
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Subscription Plans: We offer various subscription plans for our services. Details of these subscriptions, including the benefits, prices, and duration, are available on our website. The subscriptions may be billed in one lump sum or on a recurring basis, depending on the plan chosen.
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Payments: By subscribing to a plan, you agree to pay the applicable fees as set forth on our website. Payments are due for the entire plan period, whether paid yearly or monthly. We may accept payments through major credit cards, PayPal, and other approved methods.
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Refund Policy: All payments are non-refundable and non-cancellable. However monthly subscriptions that automatically recur each month may be discontinued.
Miscellaneous
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Modification of Services: Out Front Hitting reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
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Amendments to Terms: We reserve the right to amend these Terms at any time by posting the amended terms on our site. It is your responsibility to review these Terms periodically.
Intellectual Property Rights
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Ownership: All content on the Out Front Hitting website, including text, graphics, logos, images, as well as the software used to provide the services, is owned by Out Front Hitting or its licensors and is protected by U.S. and international intellectual property laws. Nothing in these Terms grants you a right or license to use any content provided on or through the services.
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Restrictions: You may not use, copy, reproduce, redistribute, transmit, display, sell, license, or exploit any content or software for any commercial purposes without the prior written consent of Out Front Hitting. All rights not expressly granted herein are reserved by Out Front Hitting and its licensors.
Dispute Resolution
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Informal Negotiations: To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms ("Dispute"), you and Out Front Hitting agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding.
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Arbitration: If such Dispute is not resolved through informal negotiations, it shall be finally and exclusively resolved by binding arbitration. The arbitration will be conducted under the rules of the American Arbitration Association in the state of Alabama. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
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Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons
Termination of Services
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By Out Front Hitting: We may terminate or suspend your access to all or part of the services at any time, without notice, for any reason whatsoever, including, without limitation, breach of these Terms. Upon termination, your right to use the services will immediately cease.
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By You: You may terminate your use of the services at any time by ceasing further use of the services or deleting your account if applicable.
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Consequences of Termination: Upon termination, all rights granted to you under these Terms will terminate immediately. Out Front Hitting is not liable to you or any third party for termination of the services. After termination, you will no longer have access to your account and Out Front Hitting may delete all information associated with your account.
General Provisions
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Governing Law: These Terms shall be governed by the laws of the State of Alabama, without regard to its conflict of law principles.
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Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect
Modifications to Terms and Services
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Changes to Terms: We reserve the right to modify these Terms at any time. If we make changes that materially affect your rights, we will notify you by posting an announcement on our website or sending you an email. Your continued use of the services after such changes have been notified will constitute your consent to such changes.
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Changes to Services: Out Front Hitting also reserves the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the services.
Indemnification
You agree to indemnify, defend, and hold harmless Out Front Hitting, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the services using your Internet account.
Limitation of Liability
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Service Use: Out Front Hitting shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
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Cap on Liability: In no event will Out Front Hitting’s aggregate liability for all claims relating to the services exceed the greater of $100 USD or the amount you paid Out Front Hitting, if any, in the last 12 months.
Miscellaneous
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Entire Agreement: These Terms constitute the entire agreement between you and Out Front Hitting regarding the use of the services, superseding any prior agreements between you and Out Front Hitting relating to your use of the services.
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Waiver: The failure of Out Front Hitting to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
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Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Out Front Hitting’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Out Front Hitting may assign or transfer these Terms, at its sole discretion, without restriction.
Contact Information
If you have any questions about these Terms or the services, please contact us at the provided contact information on our website.