PITCH-A-KID LLC WEBSITE TERMS OF SERVICE
Welcome to the website of Pitch-a-Kid. This Terms of Service Agreement (the “Agreement”) is entered into by and between Pitchakid, LLC, a Delaware limited liability company (“Pitch-a-Kid”), and you, and applies to your access and use of the website (the “Site”) provided by Pitch-a-Kid. This Agreement is made effective as of the date of your use of the Site or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the Pitch-a-Kid event-related products and services purchased or accessed through this Site (individually and collectively, the “Services”), and are in addition to (not in lieu of) any specific terms and conditions that apply to the particular products and services.
BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SERVICES, OR OTHER PITCH-A-KID SOFTWARE, SERVICES, WEBSITES OR ANY OF PITCH-A-KID’S LICENSEES SERVICES OR SOFTWARE, YOU (OR YOUR PARENT OR LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR) AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, TOGETHER WITH ANY DOCUMENT, POLICIES AND AGREEMENTS THEY INCORPORATE BY REFERENCE, WHICH MAY INCLUDE TERMS AND CONDITIONS FROM THIRD PARTIES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE.
The terms “we”, “us” or “our” shall refer to Pitch-a-Kid. The terms “you”, “your”, “User”, or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Unless expressly provided herein, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Pitch-a-Kid may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.
2. Eligibility Authority
This is a general audience website and users of all ages are welcome to browse the Site. However, if you are under the age of legal majority to form a legally binding agreement under applicable law, you should not use any of the products or services offered on the Site or download any materials from the Site. Users who are under 18 years of age should read this Agreement with their parent or legal guardian.
If you are entering into this Agreement on behalf of a corporate entity, such as the company you work for, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Pitch-a-Kid finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Pitch-a-Kid shall not be liable for any loss or damage resulting from Pitch-a-Kid’s reliance on any instruction, notice, document or communication reasonably believed by Pitch-a-Kid to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Pitch-a-Kid reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
3. Accounts AND SERVICES
To access some of the features of this Site or use some of the Services, you may be asked to provide certain registration details or other personal information (an “Account”). It is a condition of your use of this Site that all the information you provide on this Site will be correct, current and complete. Pitch-a-Kid has the right to refuse you access to this Site or the Services, and to terminate your access at any time. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password and Payment Method(s) (as defined below). You must notify Pitch-a-Kid immediately of any breach of security or unauthorized use of your Account. Pitch-a-Kid will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Pitch-a-Kid or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
If you provide personal information to us directly, you acknowledge and agree that you have the necessary rights and permissions to share all information necessary to initiate the Services with Pitch-a-Kid. You acknowledge and agree that the Services may be provided by independent contractors or third party service providers.
B. Entrepreneurial and Educational Platform
Our Services offers a platform, tools, and resources to connect children to entrepreneurs to improve learning and encourage critical thinking, and helps entrepreneurs refine their pitches by promoting events where real entrepreneurs pitch company ideas to children. Pitch-a-Kid: (a) does not employ, sponsor, recommend, or endorse any users, companies, businesses, educational institutions, or other persons using the Site or Services, and has no control over the acts or omissions of these persons or entities; (b) is not responsible or liable in any way for the performance or conduct of any users of the Site or Services or other third parties online or offline; and (c) makes no claims, representations or warranties regarding the quality of the services provided by any user of this Site or the Services or about your interactions or dealings with other users except as expressly stated in this Agreement or on or in our Site or Services. Pitch-a-Kid does not screen users, companies, or other entities, nor does it conduct identity, background or criminal history checks, and you should exercise caution and perform your own screening before connecting or meeting with any other user through our Site or Services, entering into a contract or agreement with any other user, or obtaining any services. Pitch-a-Kid expressly disclaims, and you hereby release Pitch-a-Kid from, any and all liability whatsoever for any claims, controversies, suits, injuries, loss, harm or damages arising from or related to the Site or Services or your interactions or dealings with other users, including any acts or omissions of users online or offline. All use of the Site and Services is at your sole and exclusive risk.
4. AVAILABILITY OF WEBSITE AND SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
5. GENERAL RULES OF CONDUCT AND PROHIBITED USES
You agree not to access or use the Site or Services in any manner (as determined by Pitch-a-Kid in its sole and absolute discretion):
- That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws;
- That violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another User, and/or Pitch-a-Kid, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with this Agreement;
- To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- That promotes, encourages, or engages in child pornography or the exploitation of children;
- That promotes, encourages, or engages in terrorism, or violence against people, animals or property;
- That promotes, encourages, or engages in any spam or unsolicited bulk email, or computer or network cracking or hacking;
- To monitor or attempt to gain unauthorized access to: (a) an account or computer not belonging to you; (b) any data, information or communications on any network or system not owned by you, without authorization; (c) any system or network user accounts or passwords of other users, without authorization; or (d) email addresses, screen names or other identifies without consent of the person identified (including, without limitation, phishing password robber, spidering or harvesting);
- That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity, including any other user, Pitch-a-Kid or a Pitch-a-Kid employee; (b) to misrepresent your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address;
- To use, transmit or introduce: (a) information protected under the privacy or security regulations issues pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or subject to the Health Information Technology for Economic and Clinical Health (“HITECH”) Act; or (b) non-public sensitive or personally identifiable information including but not limited to drivers license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers;
- That violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription;
- That breaches any duty of confidentiality that you owe to another user or other person or entity;
- To monitor or copy materials on the Site for any unauthorized purpose or access the Site via any automatic device, process or means of access such as a robot or spider; or
- That may have a detrimental effect on the Website’s function, user interaction or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging or overburdening or impairing the Site or any server, computer or database connected to or accessed by the Site; (d) modifying, blocking or otherwise interfering with the display of the Site; (e) interfering with another user’s ability to access, use or enjoy the Site; (f) accessing another user’s registration information or Account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Site such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) performing, without Pitch-a-Kid’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Site; and (i) engaging in any activities that results in any server being the target of a denial of service attack.
Further, you agree that:
1. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Pitch-a-Kid.
2. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
3. You will not access Pitch-a-Kid Content (as defined below) through any technology or means other than through this Site itself, or as Pitch-a-Kid may designate.
Pitch-a-Kid reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including, without limitation, prices and fees for the same, at any time.
6. PITCH-A-KID CONTENT
All content available through the Services, including design, texts, graphics, scripts, source code, API, photos, images, video, information, audio and other files, and their selection and arrangement, and all software used to provide the Services, including all trademarks, service marks, and logos contained therein (collectively, “Pitch-a-Kid Content”), are the proprietary property of Pitch-a-Kid or Pitch-a-Kid’s licensors. Pitch-a-Kid Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Pitch-a-Kid Content. Any use of Pitch-a-Kid Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Pitch-a-Kid Content. Pitch-a-Kid Content is provided to you “as is”, “as available” and “with all faults.” All rights to use Pitch-a-Kid Content that are not expressly granted in this Agreement are reserved by Pitch-a-Kid and Pitch-a-Kid’s licensors.
7. USER CONTENT
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). You are solely responsible for any and all User Content. By posting or distributing User Content on or through the Services, you represent and warrant to Pitch-a-Kid that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Pitch-a-Kid a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content. Except for the rights expressly granted herein, Pitch-a-Kid does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Pitch-a-Kid exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Pitch-a-Kid’s computers, network hubs and points of presence or the Internet. Pitch-a-Kid does not monitor User Content. However, you acknowledge and agree that Pitch-a-Kid may, but is not obligated to, immediately take any corrective action in Pitch-a-Kid’s sole discretion, including without limitation removal of all or a portion of the User Content, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Pitch-a-Kid shall have no liability due to any corrective action that Pitch-a-Kid may take.
8. BILLING AND PAYMENT INFORMATION
8.1 General Terms. You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order or request the Services. All prices and fees are non-refundable, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Pitch-a-Kid expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be effective immediately without need for further notice to you.
By providing Payment Method information, you warrant, represent, and covenant that: (a) you are legally authorized to provide such information to us; (b) you are legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law. When you authorize a payment using a Payment Method, you warrant, represent, and covenant that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
8.3 Taxes. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Pitch-a-Kid’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
8.4 Late Payment. All invoices must be paid within thirty (30) days of the invoice due date. Any invoice that is outstanding for more than thirty (30) days may result in the suspension or termination of Services. This may result in loss of your data. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein within thirty (30) days of the invoice due date, Pitch-a-Kid may suspend or terminate your account, which may result in the total loss of your data and pursue the collection costs incurred by Pitch-a-Kid, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Pitch-a-Kid is not responsible for loss of customer data as a result of customer’s failure to comply with the payment terms of this Section 7. Pitch-a-Kid will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
8.5 Invoice Disputes. You have sixty (60) days to dispute any charge or payments processed with Pitch-a-Kid. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
9. THIRD PARTY PRODUCTS AND SERVICES
9.1 Third Party Providers. Pitch-a-Kid may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Pitch-a-Kid does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with those third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Pitch-a-Kid is not an agent, representative, trustee or fiduciary of you or the third party in any transaction.
9.2 Third Party Websites. The Services may contain links to other websites that are not owned or controlled by Pitch-a-Kid (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sounds, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
10. ADDITIONAL RESERVATION OF RIGHTS
Pitch-a-Kid expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by Pitch-a-Kid in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Pitch-a-Kid in offering or delivering any Services, (ii) to protect the integrity and stability of our Services, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Pitch-a-Kid, its officers, directors, employees and agents, as well as Pitch-a-Kid’ affiliates, including, but not limited to, instances where you have sued or threatened to sue Pitch-a-Kid.
11. NO SPAM
We do not tolerate the transmission of spam. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
i. Email messages
ii. Newsgroup posting
iii. Windows system messages
iv. Pop-up messages
v. Instant messages
vi. Text/SMS messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services in question are being used in association with spam, we will suspend or cancel any applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We will require a non-refundable reactivation fee to be paid before the Services are reactivated. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the Services in question.
12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. PITCH-A-KID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PITCH-A-KID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND PITCH-A-KID ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY PITCH-A-KID, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL PITCH-A-KID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT PITCH-A-KID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall PITCH-A-KID’s total aggregate liability exceed $500.00 U.S. Dollars.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
You agree to protect, defend, indemnify and hold harmless Pitch-a-Kid and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Pitch-a-Kid directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
15. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
16. NO THIRD-PARTY BENEFICIARIES.
Unless expressly provided herein, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
17. COMPLIANCE WITH LOCAL LAWS
Pitch-a-Kid makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
18. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY; ARBITRATION
This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Texas, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Travis County, Texas, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Travis County, Texas.
Both parties agree that, except as otherwise provided herein, all disputes (including any dispute involving interpretation, applicability, enforceability, or formation of the Agreement, including any claim that the Agreement or any part of it is void or voidable) will be resolved by binding, individual arbitration under the American Arbitration Association’s rules. Both parties waive trial by jury. As an alternative, either party may bring a claim a claim in Customer’s local “small claims” court if permitted by that court’s rules. Additionally, either party may seek emergency injunctive relief by filing for such in accordance with this Section 23. You may bring claims only on your own behalf. Neither party may participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidate claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unable or unwilling to set a hearing date within one hundred and sixty (160) days of filing the case, then either party may elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict this this Agreement.
19. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
20. CONTACT INFORMATION
If you have any feedback, comments, requests for technical support, questions about this Agreement, or other communications relating to the Website, please contact us by email at the following address: firstname.lastname@example.org.
Thank you for visiting the Site.