Baseball Pill Terms of Service
Please read these Terms of Service.
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Baseball Pill Inc. and its affiliates and subsidiaries (“Baseball Pill”, “we,” “our” or “us”).You agree to comply with and be bound by these Terms of Service by accessing or using the Baseball Pill website located at www.BaseballPill.com (the “Site” and/or our mobile application the “Application” and, together with the Site, the “Baseball Pill Platform”).
These Terms shall also govern your access to and use of the Baseball Pill Spaces (as defined below) the Baseball Pill Coaches (as defined below), and for Events that you may host within the Baseball Pill Spaces. The Baseball Pill Platform, the Baseball Pill Spaces and the Baseball Pill Coaches shall be referred to herein as the “Services”. Baseball Pill reserves the right to change or modify these Terms at any time and without prior notice to you. Any changes or modifications to these Terms will be effective upon posting of the changes or modification to the Site. Your continued use of the Services following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. You are responsible for regularly reviewing the most current Terms.
Our Privacy Policy applicable to your use of the Baseball Pill Platform is incorporated by reference into these Terms and may be found at https://baseballpill.com/privacy-policy-1.
1. Eligibility and Use of the Services
Your use of the Services is for your sole, personal use and not for commercial purposes and you agree to comply with all applicable laws of the country, state, and city in which you are present while accessing or using any of the Services. You represent that you are at least 18 years of age and suffer from no legal incapacity to enter contracts.
“Guests” shall mean any persons who you invite or allow to use Baseball Pill Spaces or interact with Baseball Pill Coaches, whether those persons have registered for an account with Baseball Pill.
“Baseball Pill Space(s)” shall mean any physical location, area, or venue to which Baseball Pill gives you access for the purpose of engaging in any activity offered by Baseball Pill. In addition to these Terms, you agree to be bound by and comply with any additional terms, conditions, and policies that may be provided or posted by the owner, tenant, and property manager of the Baseball Pill Spaces relating to the use of a specific Baseball Pill Space(s), including compliance with building security procedures, IT access, and use procedures provided by any property managers.
“Baseball Pill Coach(es)” shall mean the persons who offer any assistance to you or your Guests through the Baseball Pill Platform. Baseball Pill does not represent that Baseball Pill Coaches will meet your needs and makes no representations as to results from coaching.
2. Account Registration; Access.
To access or use any of the Services, you first need to create an account with Baseball Pill, which you can do at https://baseballpill.podplay.app/(an “Account”). You are responsible for ensuring that Guests who you have invited to access any of the Services also register for an Account.
You and your Guests shall not:
You and your Guests shall:
Personal property: We are not responsible for any property you and your Guests may leave behind in a Baseball Pill Space. It is your responsibility to ensure that you have taken all your personal belongings when leaving a Baseball Pill Space.
Reporting misconduct: If you believe that any person associated with Baseball Pill, any person in a Baseball Pill Space that you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Baseball Pill with your police station and report number (if applicable), provided that your report will not obligate us to take any action beyond that required by law, if any, or cause us to incur any liability.
4. Consent to and Acknowledgement of Video Surveillance and Video Recordings
Video Surveillance: For your safety and security and the safety and security our staff and customers, we have installed video surveillance systems in our Baseball Pill Spaces, which are monitored continuously by a third-party security company. These cameras are constantly monitoring the space and are being used to deter potential criminal activity, ensure your safety and the safety of our customers and staff, and to protect our business assets. By using our Baseball Pill Spaces, you consent to being recorded by these video surveillance systems.Please note that we only use this information for security and safety purposes, and we do not share this data with any third party unless required by law, except our third-party surveillance company.
Video Replay Technology: Our Service makes use of video replay technology, which allows us and you to record your activities in the Baseball Pill Spaces. By using our Services within the Baseball Pill Spaces, you consent to the use of our video replay technology and acknowledge that you, your Guests, and others may be recorded on video. You also consent to the display of your name, image, and likeness in any such recordings. We may use the recorded data for any lawful purpose, including but not limited to, research, development, analysis, marketing, and social media. We may also share the recorded data with third-party service providers who assist us in improving our service. We may retain the recorded data for as long as reasonably necessary to achieve the purposes for which it was collected, or as required by law. We may delete or anonymize the recorded data when it is no longer needed.
5. Limited License to Use the Baseball Pill Spaces
You acknowledge that your use of the Baseball Pill Spaces does not constitute a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license to use, subject to these Terms. In its sole discretion and without limiting any of Baseball Pill’s other rights hereunder, Baseball Pill may restrict, suspend, or terminate your access to the Baseball Pill Spaces in the event of fraud, trespassing, or violation of these Terms, or for any other lawful reason in the sole discretion of Baseball Pill.
6. Damages, Repair or Cleaning Fees; Infractions
As a user of a Baseball Pill Space, you are responsible for leaving the Baseball Pill Space (including any property in the Baseball Pill Space) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of your Guests or other persons to whom you provide access to the Baseball Pill Space. You are responsible for the cost of repair for damage to, or necessary cleaning of, Baseball Pill Spaces resulting from your violation of these Terms or your use of the Baseball Pill Platform or Baseball Pill Spaces in excess of normal “wear and tear.” If Baseball Pill, in its reasonable discretion, determines that excessive repair or cleaning is required, Baseball Pill reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or cleaning, as well as an additional service fee which shall not exceed $500 US Dollars per occurrence, and you agree to be responsible for payment of same. Any such amounts are non-refundable and at the reasonable discretion of Baseball Pill.
7. Payment Terms; Authorization Hold
Any fees which Baseball Pill may charge you for the use of the Services will be as set out on the Site or the Application at the time of purchase, are inclusive of any taxes payable, and are non-refundable except as specifically noted with respect to your reservation or payment. Baseball Pill may change the fees for the Baseball Pill Platform, Baseball Pill Spaces, or other services at our sole discretion.
When you make a reservation on our website, we charge your credit or debit card immediately in the amount equal to the total reservation amount, including any applicable taxes and fees. If you cancel your reservation within the allowed time period, you will receive a credit, to your Baseball Pill account that you may use for up to one year after the cancellation.
You agree that you shall be charged fees based on the length of time of your booking of the Baseball Pill Spaces. If you exceed the amount of time for which you booked a Baseball Pill Space or Baseball Pill Coach, then you shall be charged for such excess time. You do hereby consent to such excess time charges and to such overage charge.
If a credit card charge is declined, we will notify you to provide a valid replacement. Failure to provide a replacement within 48 hours may result in the suspension of your Account. If a payment is declined, refunded, cancelled, or charged back by your credit card issuing bank, or another person, you are not entitled to the return of any associated service fees (such as payment processing fees), irrespective of the reason for such decline, refund, cancellation, or charge back. Baseball Pill reserves the right, at its sole discretion, to review and refuse a payment or the processing of a payment if it suspects any fraudulent activity or for any reason whatsoever. If you access the Baseball Pill Platform via your mobile phone (through the Application, for example), please be aware that your carrier’s normal rates will still apply.
8. License, Restrictions and Copyright Policy
Subject to your compliance with these Terms, Baseball Pill grants you a limited, non-exclusive, non-transferable, and revocable license to use the Baseball Pill Platform. Should you choose to download content from the Baseball Pill Platform, you must do so in accordance with these Terms. Such content is provided to you for its intended purposes only and remains at all times the property of Baseball Pill.
You will not use, copy, adapt, decompile, modify, reverse engineer, prepare derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Baseball Pill Platform or any component thereof or any content therein, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise with respect to any intellectual property rights owned or controlled by Baseball Pill or its licensors, except for the licenses and rights expressly granted in these Terms or expressly agreed in writing by Baseball Pill.
9. User Content
Baseball Pill may, in its sole discretion, permit users of the Baseball Pill Platform to post, upload, publish, submit, or transmit content. You are solely responsible for all content that you upload, email, post, or otherwise transmit via or to the Baseball Pill Platform, including documents, text, graphics, video, messages, forum postings, profile information, comments, questions, or other materials (“User Content”).
By making available any User Content on or through the Baseball Pill Platform, or Baseball Pill Space, you hereby grant to Baseball Pill a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, sub-licensable and transferable right, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content including but without limitation on, through or by means of the Baseball Pill Platform or Baseball Pill Spaces. In connection herewith, you hereby renounce and waive in favor of Baseball Pill any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any User Content. You also hereby represent and warrant that you have the right to grant us this right over your User Content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims resulting from same.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Baseball Pill Platform or Baseball Pill Spaces. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Baseball Pill Platform or Baseball Pill Spaces or you have all rights, licenses, consents and releases that are necessary to grant to Baseball Pill the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Baseball Pill’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
USE OF CHAT FUNCTIONALITY
Our chat functionality (“Chat Service”) allows users to communicate with each other within the app. By using the Chat Service, you agree to these additional terms and conditions.
You agree to use the Chat Service in a manner that is lawful, respectful, and not harmful to others. You will not use the Chat Service to transmit any material that is defamatory, offensive, harassing, threatening, abusive, or illegal.
The Chat Service is intended for personal use only. You agree not to use the Chat Service for any commercial purposes, including advertising, promotion, or solicitation of goods or services.
You are solely responsible for the content you share through the Chat Service. We do not endorse, verify, or take responsibility for the accuracy, completeness, or usefulness of any content generated by users.
We reserve the right, but have no obligation, to monitor and/or moderate the chat conversations. We may remove or edit any content that we believe violates these terms or is otherwise inappropriate.
While we strive to protect your privacy, we cannot guarantee the security of any information you disclose through the Chat Service. Please use caution when sharing personal information.
We reserve the right to terminate or suspend your access to the Chat Service at our sole discretion, without notice, for conduct that we believe violates these terms or is otherwise harmful to other users of the Chat Service.
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of the Chat Service or any content exchanged through it.
10. Intellectual Property
All intellectual property rights in and to the Baseball Pill Platform and any component thereof, and the Baseball Pill Spaces, including, including but not limited to patents, copyrights, trademarks, industrial designs, trade secrets, and service marks, are the exclusive property of Baseball Pill or are licensed to Baseball Pill. You agree to abide by all applicable patent, trademark, copyright, and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Baseball Pill Platform and any component thereof. Any use of materials on the Baseball Pill Platform other than as permitted in these Terms including reproduction, modification, distribution, or republication, without prior written permission of Baseball Pill is absolutely prohibited. “Baseball Pill”, the Baseball Pill logo and other trade and/or service marks are the exclusive property of Baseball Pill and may not be used for any of the aforementioned purposes. Baseball Pill may protect the Baseball Pill Platform by technological means intended to prevent unauthorized use of the Baseball Pill Platform. You undertake not to circumvent these means. Infringement of the rights in and to the Baseball Pill Platform will, in addition to any other right or remedy available to Baseball Pill, in and of itself, result in the termination of all your rights under these Terms.
11. Additional Restrictions on Use
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services or any component thereof; (ii) modify or make derivative works based upon the Baseball Pill Platform; (iii) create Internet “links” to, or “frame” or “mirror” the Baseball Pill Platform or any component thereof on any other server or wireless or Internet-based device; (iv) reverse engineer the Baseball Pill Platform or any component thereof, or access the Baseball Pill Platform in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Baseball Pill Platform or (c) copy any ideas, features, functions, or graphics of the Baseball Pill Platform or any component thereof or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Baseball Pill Platform or any of the Services.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violate third-party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature; (iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (iv) interfere with or disrupt the integrity or performance of the Baseball Pill Platform or Baseball Pill Spaces or the data contained therein; or (v) attempt to gain unauthorized access to the Baseball Pill Platform or Baseball Pill Spaces or its related systems or networks.
Baseball Pill will have the right to fully investigate and prosecute violations of any of the above of the law. Baseball Pill may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Baseball Pill has no obligation to monitor your access to or use of the Baseball Pill Platform, Baseball Pill Spaces, or User Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Baseball Pill Platform or Baseball Pill Spaces, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Baseball Pill reserves the right, at any time and without prior notice, to remove or disable access to any User Content that Baseball Pill, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Baseball Pill Platform or Baseball Pill Spaces.
12. SMS Messaging
Subject to obtaining your consent, Baseball Pill may send you SMS messages in relation to your bookings and use of Baseball Pill Spaces and for promotional purposes. Message and data rates may apply.
If you change your mobile phone service provider, you might have to re-enroll with Baseball Pill to receive future SMS messages. Baseball Pill reserves the right to stop sending SMS messages at any time; you may opt-out at any time by replying from your mobile phone to any text from Baseball Pill with the word STOP, which opt-out will become effective within seven (7) days. It is important to note that opting out of SMS messaging may prevent you from receiving information necessary to properly use the Services, such as room access codes and other important information.
13. Third Party Services
During use of the Baseball Pill Platform and Baseball Pill Spaces, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Baseball Pill Platform, Baseball Pill Spaces, or Baseball Pill Coaches. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. Baseball Pill and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, services, or promotion between you and any such third party. Baseball Pill does not endorse any sites on the Internet that are linked through the Baseball Pill Platform, found in Baseball Pill Spaces, or obtained through Baseball Pill Coaches, and in no event shall Baseball Pill or its licensors be responsible for any content, products, services, or other materials on or available from such sites or third-party providers. Baseball Pill provides the Services to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Baseball Pill disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
Baseball Pill may rely on third-party advertising and marketing supplied through the Baseball Pill Platform or Baseball Pill Spaces and other mechanisms to subsidize the Baseball Pill Platform or Baseball Pill Spaces. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you must notify us in writing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Baseball Pill Platform or Baseball Pill Spaces.
14. Indemnity
You agree to release, defend, indemnify, and hold harmless Baseball Pill and their respective officers, directors, agents, subsidiaries, joint ventures, employees, landlords, tenants and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of your our your Guests’: (1) improper use of or access to the Service; (2) violation of any provision contained in these Terms; (3) violation of any law or the rights of any other third party (including, without limitation, any copyright, intellectual property or privacy right); or (4) any claim that any content you or your Guests caused damage to any of the Baseball Pill Spaces. This indemnification obligation will survive the termination of these Terms and your use of the Baseball Pill Platform.
15. Disclaimers
WE PROVIDE OUR SERVICE AND ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE AND PRODUCTS INCLUDED THEREIN FOR USE ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BASEBALL PILL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, PERFORMANCE, COMPATIBILITY, SECURITY OR ACCURACY; AND THAT THE QUALITY OF THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BASEBALL PILL PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE BASEBALL PILL SPACES ARE LOCATED IN BUILDINGS WHICH ARE NOT OWNED OR MANAGED BY BASEBALL PILL AND BASEBALL PILL MAKES NO REPRESENTATIONS OR WARRANTIES RELATING THERETO. ADDITIONALLY, BASEBALL PILL MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OF ANY BASEBALL PILL SPACE FOR ANY PARTICULAR ACTIVITY NOR ANY ACTIVITIES THAT ARE CARRIED ON IN THE BASEBALL PILL SPACES AND SHALL NOT BE LIABLE IN ANYWAY FOR SUCH ACTIVITIES.
WE DO NOT WARRANT THAT THE BASEBALL PILL PLATFORM WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE BASEBALL PILL PLATFORM WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR THAT IT IS SAFE, SECURED FROM UNAUTHORIZED ACCESS, IMMUNE FROM DAMAGES, FREE OF MALFUNCTIONS, BUGS OR FAILURES, INCLUDING, BUT NOT LIMITED TO HARDWARE FAILURES, ORIGINATING EITHER FROM BASEBALL PILL OR ITS PROVIDERS.
NEITHER YOU NOR US SHALL HAVE ANY LIABILITY TO THE OTHER ARISING FROM CIRCUMSTANCES BEYOND OUR OR YOUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD OR NATURE, POWER, COMMUNICATIONS, SATELLITE OR NETWORK FAILURES, UNAUTHORIZED ACCESS OR THEFT, ACTS OF WAR OR TERROR; OR LABOR DISPUTES OR STRIKES.
16. Limitation of Liability
BASEBALL PILL AND ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, SUB-CONTRACTORS, AGENTS AND LANDLORDS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICES OR FROM ANY FAULT, OR ERROR MADE BY OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICES OR FROM ANY DENIAL OR CANCELLATION OF YOUR ACCOUNT, OR FROM THE RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE BASEBALL PILL PLATFORM.
IN NO EVENT SHALL BASEBALL PILL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO BASEBALL PILL IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF FIFTY US DOLLARS, WHICHEVER IS GREATER. YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN OR OTHERWISE DOWNLOAD CONTENT, MATERIAL OR DATA THROUGH OR FOR THE USE OF THE BASEBALL PILL PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA AND/OR USE OF THE BASEBALL PILLF PLATFORM. IN ADDITION, BASEBALL PILL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA ITS WEBSITE OR THE BASEBALL PILL PLATFORM IS ACCURATE, COMPLETE, OR UP TO DATE.
TO THE EXTENT APPLICABLE UNDER LOCAL LAW, NOTHING IN THIS AGREEMENT SHALL LIMIT BASEBALL PILL’S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE.
Your use of the Services may be subject to various local, state, national, or international laws, and you may have rights which vary from jurisdiction to jurisdiction. Because some jurisdictions may not allow limitations on warranties and/or the exclusion or limitation of damages, the limitations and/or exclusions found herein may not apply to you. Any provision found herein shall not be enforceable solely to the extent that it is prohibited by an applicable law.
17. Notices
Baseball Pill may send you notices by means of email to your email address on record in Baseball Pill’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Baseball Pill’s account information. You may give notice, and address any complaint or claim to Baseball Pill (such notice, complaint or claim shall be deemed given when received by Baseball Pill) at any time by means of email to info@BaseballPill.com.
18. Applicable Law; Jurisdiction and Disputes
These Terms are governed by and construed in accordance with the laws of New York State and the laws of the United States applicable therein, without regard to the conflicts of laws provisions thereof. The parties submit to the jurisdiction of the courts of New York County, New York and agree that such courts shall have exclusive jurisdiction over any dispute arising hereunder or relating to Baseball Pill.
In the event of any dispute or claim arising under these Terms or related in any way to Baseball Pill and the Services, you agree to have such dispute determined by arbitration before a single arbitrator appointed by the American Arbitration Association. The location of any such arbitration proceeding shall be New York County, New York. NEITHER YOU NOR US WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM, OR TO ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES OR PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT AND WITHOUT WAIVING EITHER PARTY’S RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION 18 BE DEEMED INVALID OR UNENFORCEABLE, THEN THIS ENTIRE ARBITRATION SECTION 18 (OTHER THAN THIS SENTENCE) SHALL NOT APPLY.
19. Termination
You agree that Baseball Pill, in its sole discretion and for any or no reason, may terminate your Account and remove and discard all or any part of your account or any of your User Content. Baseball Pill may also in its sole discretion and at any time discontinue providing access to the Services or any part thereof, with or without notice. You agree that any termination of your Account may be affected without prior notice, and you agree that Baseball Pill shall not be liable to you for such action. These remedies are in addition to any other remedies Baseball Pill may have at law or in equity.
You may terminate your Account at any time by deleting the Application from your device, ceasing all use of the Baseball Pill Services or by requesting Baseball Pill to cancel your Account via email sent to info@BaseballPill.com.
20. General
No joint venture, partnership, employment, or agency relationship exists between you and Baseball Pill as a result of these Terms or use of the Services. These Terms may not be assigned by you (whether in whole or in part) without the prior written approval of Baseball Pill. These Terms may be assigned without your consent (in whole or in part) by Baseball Pill, including to (i) a parent or subsidiary, (ii) an acquirer of substantially all of our assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Baseball Pill to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Baseball Pill in writing. These Terms comprise the entire agreement between you and Baseball Pill and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
21. Disclaimer and Assumption of Risk
You acknowledge to follow and respect all preventive measures promulgated by government authorities and Baseball Pill (“Measures”) to prevent the spread of COVID-19 and to inform Baseball Pill immediately if you become aware that any person carrying the virus frequented the premises or that any of the Measures were breached.
You acknowledge that Baseball Pill does not make any representations or warranties to the effect that the Baseball Pill Spaces are exempt from the virus causing COVID-19 or that no person infected by the virus causing COVID-19 has recently frequented the Baseball Pill Spaces. Therefore, subject to applicable laws, you hereby release, waive and renounce in favor of Baseball Pill, its officers, directors, managers, members, shareholders, employees and agents (collectively, “Baseball Pill Parties”) any and all liabilities, damages, deficiencies, demands, claims, suits, actions, or causes of action, assessments, losses, costs, expenses (including reasonable legal fees), interest, penalties, obligations, reasonable costs, or reasonable expenses of any and all investigations, proceedings, judgments, and settlements (collectively, the “Losses”) sustained or incurred by you, directly or indirectly, relating to your activities in Baseball Pill Spaces or the virus causing COVID-19 (the “Released Claims”) and hereby grant to the Baseball Pill Parties a complete, total, and final release and discharge with respect to the Released Claims heretofore or hereafter arising. You agree that, to the extent permitted under applicable laws, Baseball Pill shall have no liability whatsoever towards you or any of your Guests, whether by contractual, extra-contractual, tort, or other means, for any direct, indirect, special, consequential, exemplary, or punitive damages or for any other damages, lost profits, or revenues, arising out of or relating your activities in the Baseball Pill Spaces concerning COVID-19.
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