F5 Sports, Inc. Terms of Service
Last Modified: August 21, 2023
These terms and conditions (“Terms of Service”) govern your use of F5 Sports, Inc.’s (“F5 Sports,” “we,” “us” or “our”) family of websites, including www.pitchlogic.com, www.f5sports.net and all subpages thereof (collectively, the “Site”), and your purchase of Subscriptions (each as defined below) from the Site. Please read these Terms of Service carefully before using the Site or purchasing any Subscriptions. Compliance with these Terms of Service is a condition to your use of the Site. By accessing and using the Site, or by clicking to accept or agree to these Terms of Service when this option is made available to you, you accept and agree to comply with these Terms of Service. If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Site or purchase any Subscriptions through the Site.
The Site is offered and available to users who are 13 years of age or older and who reside in the United States. If you are under the age of 18 or the applicable age of majority in your jurisdiction, then you represent that your parent or legal guardian has reviewed these Terms of Service carefully and has agreed to be bound by these Terms of Service on your behalf. If you are agreeing to be bound by these Terms of Service on behalf of your employer or another entity, you must have the full legal authority to bind your employer or such entity to these Terms of Service. By using the Site, you represent and warrant that you meet all the foregoing eligibility requirements and that all information provided by you to us is truthful, accurate and complete. If you do not meet all of these requirements (as applicable), you must not access or use the Site.
F5 Sports is based in the State of North Carolina in the United States. We provide the Site for use only by persons located in the United States, and we make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Ownership and Use of the Site.
This Site and all of its Content (as defined below) are the property of F5 Sports, its licensors or other providers of such materials and are protected by United States and international copyright, patent, trade secret, trademark and other intellectual property or proprietary rights laws. When accessing and viewing the Site in the form that it is provided to you over the Internet, your computer or your web browser may temporarily store or automatically cache copies of the content of the Site, including without limitation the information, software, files, documents, text, photographs, images, audio and video, and the design, selection and arrangement thereof, as well as any materials accessed through or made available for use or download through the Site (“Content”). The Content may not otherwise be copied, distributed, modified, adapted, translated, reproduced, published, republished, publicly displayed, publicly performed or used, in whole or in part, except that you may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and/or internal business purposes and not for further reproduction, publication or distribution. You may not frame or utilize any other techniques to enclose, or link to, any name, trademark, service mark, logo, Content or other proprietary information (including images, text, page layout, or form) of F5 Sports without our express written consent. These Terms of Service permit you to use the Site for your own personal, non- commercial use and/or your internal business purposes only. You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
The F5 Sports name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of F5 Sports or its affiliates or licensors. You may not use such marks without the prior written permission of F5 Sports. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to:
- use the Site in any way that violates any applicable federal, state, local or international law or regulation;
- use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Content on the Site;
- introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; or
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or that may harm F5 Sports or users of the Site or expose them to liability.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Service, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of Content you have made. No right, title or interest in or to the Site or any Content is being transferred to you, and all rights not expressly granted are reserved by F5 Sports. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
If you provide to us or to any of our affiliates any suggestions, designs or ideas for the Site or any products or Subscriptions available on the Site or for enhancements or improvements to the Site or any products or Subscriptions available on the Site (collectively, “Suggestions”), we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect and maintain our rights in the Suggestions.
Accuracy and Integrity of Information.
Although we attempt to ensure the integrity, completeness and accuracy of the Site, we make no representations, warranties or guarantees whatsoever as to the integrity, completeness or accuracy of the Site or any Content, and any reliance you place on such information is strictly at your own risk. F5 Sports disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Content. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that the inaccuracy can be corrected.
Information contained on the Site may be changed or updated without notice. Any Content on the Site may be out of date at any given time, and we are under no obligation to update such Content.
The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services (collectively, “Third-Party Materials”). All statements and/or opinions expressed in any Third-Party Materials, and all articles and responses to questions and other content, other than the Content provided by F5 Sports, are solely the opinions and the responsibility of the person or entity providing the Third-Party Materials. Third-Party Materials do not necessarily reflect the opinion of F5 Sports. F5 Sports shall have no responsibility or liability for any Third-Party Materials posted to the Site.
Access to Site.
We reserve the right to withdraw or amend this Site and/or any products, Subscriptions or Content we provide on this Site in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. Your access to the Site may be revoked by us at any time with or without cause and with or without notice.
pitchLogic® Premium Bundle Subscriptions.
F5 Sports offers a bundled subscription (a “Subscription”) that entitles a purchaser to the use of one baseball or softball containing our proprietary pitchLogic® technology (the “Subscription Ball”) and a monthly subscription to the pitchLogic® pro, pitchLogic® plus, pitchLogic® PLAYER, or pitchLogic® COACH version of F5 Sports’s mobile app (each, a “Premium App Version”).
Upon your purchase of a Subscription, you will be prompted to download the pitchLogic® mobile app (the “App”) and to create an account (your “Account”). To create your Account, you must provide us with your email address (which must be the same email address used to purchase your Subscription) and choose a password. You must ensure that the email address you provide is, and remains, valid.
Following your Subscription purchase, and once you have downloaded the App and created an Account, F5 Sports will activate the applicable Premium App Version and you will be permitted to access and use such Premium App Version via your Account during the Subscription Term. Your use of and access to the App will be governed by our Licensed Application End User License Agreement (“EULA”). In addition, F5 Sports will ship your Subscription Ball to the mailing address provided by you at the time of purchase. The risk of loss for the Subscription Ball passes to you upon our delivery of the Subscription Ball to the applicable carrier, and you bear the risk of loss or damage to the Subscription Ball until it is returned to and received by F5 Sports. Failure to return the Subscription Ball will result in a final charge for the cost of such Subscription Ball (as determined in F5 Sports’s sole discretion) using your selected Subscription Payment Method. Notwithstanding the foregoing, if at any time during the Subscription Term you believe your Subscription Ball is not performing in accordance with the applicable specifications, please email a brief summary of the issue to email@example.com and request a replacement Subscription Ball. If we determine (in our sole discretion) that a non-conformance exists (which, for clarity, will not include errors caused by your misuse or mishandling), we will arrange for the replacement of your Subscription Ball at our expense.
Subscription Fees; Billing
You may purchase a Subscription by paying in advance the applicable Subscription fees, which may be found at https://pitchlogic.com/get-started (the “Subscription Fees”). Our Subscription Fees do not include taxes and similar assessments. We will pass along to you the cost of all sales and excise (and other similar) taxes, duties and charges of any kind imposed by a governmental authority on amounts payable in connection with your Subscription. When you purchase a Subscription, you will select an electronic payment method (e.g., credit card, debit card, PayPal) for such purchase and your applicable recurring biennial, annual and/or monthly Subscription Fees (the “Subscription Payment Method”). You must ensure that your Subscription Payment Method is, and remains, valid. If you need to change your shipping address or your Subscription Payment Method, you may login to your personal pitchLogic account at pitchlogic.com or contact us at firstname.lastname@example.org to request such change. Such change will not be effective until we confirm such change via reply email.
By purchasing a Subscription, you authorize F5 Sports (or its third-party payment processor) to charge, on the first day of each applicable Subscription Period, the Subscription Fees and any applicable taxes using your Subscription Payment Method, regardless of your usage of the Subscription. All Subscription Fees once paid are non-refundable. If for any reason we cannot charge the Subscription Fees using your Subscription Payment Method, we will immediately suspend your access to and use of the applicable Premium App Version (without refund or liability to you), and you must discontinue all use of the Subscription Ball, until a valid payment method is uploaded by you and we are able to charge the applicable Subscription Fees.
F5 Sports may change the Subscription Fees for Subscriptions from time to time and will communicate any price changes to you in advance (via our website or otherwise) and, if applicable, how to accept those changes. Changes to the Subscription Fees will take effect at the start of the next Subscription Period following the date of the change. If you do not agree with a price change, you have the right to reject the change by canceling your Subscription prior to the price change going into effect; otherwise, you accept and agree to such changes.
Your Subscription will commence on the date you purchase your Subscription and will continue for a period of two years, one year, or one month (as selected by you at the time of purchase), after which it will automatically renew for successive periods equal to your initial subscription period until canceled in accordance with Section 4.D below (each such period, a “Subscription Period,” and all Subscription Periods together, the “Subscription Term”).
F5 Sports may cancel your Subscription upon any breach by you of these Terms of Service or the EULA. You may cancel your Subscription by emailing us at email@example.com and stating your name and intention to cancel; provided that, in the event you email us from an email account other than the primary email address specified in your Account, we reserve the right to verify your identity before processing your cancellation request. Upon F5 Sports’s cancellation of your Subscription or upon our receipt of a cancellation email from you, you will receive an email at the primary email address specified in your Account with instructions for returning your Subscription Ball. You must return the Subscription Ball according to the instructions we provide. If you are unable to do so (due to the Subscription Ball being lost, stolen, or destroyed), you will incur a final charge using your Subscription Payment Method (and you agree that we may charge your Subscription Payment Method the cost of such shipping). Any cancellation of your Subscription by F5 Sports will be effective immediately. Any cancellation of your Subscription by you will take effect the day after the last day of the then-current Subscription Period. Following cancellation of your Subscription, your Premium App Version and Subscription Ball will be deactivated. You will bear the risk of loss for any returned Subscription Balls until they are delivered to us at the facility designated by us in our return instructions. If you return a Subscription Ball with damage exceeding normal wear and tear (as determined by F5 Sports in its sole discretion), you agree that F5 Sports may charge your Subscription Payment Method the full cost of such Subscription Ball (as listed on the Site on the date of receipt by F5 Sports). Upon cancellation of your Subscription, the rights granted under this Section 4 will automatically terminate.
You agree to defend, indemnify and hold harmless F5 Sports and its affiliates, licensors, service providers, employees, agents, officers and directors from and against all claims, liabilities, damages, judgments, awards, losses, costs and expenses (including attorneys’ fees) against or incurred by the foregoing indemnitees arising out of your use or access of the Site, the Subscription Ball or the Premium App Version or any breach of these Terms of Service.
DISCLAIMER OF WARRANTIES.
F5 SPORTS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND AND ACKNOWLEDGE THAT F5 SPORTS IS NOT THE MANUFACTURER OF SOME PRODUCTS SOLD OR RENTED THROUGH THE SITE AND THAT F5 SPORTS HAS NO CONTROL OVER YOUR USE OF THE PRODUCTS. ACCORDINGLY, THIS SITE AND ALL PRODUCTS, INCLUDING SUBSCRIPTION BALLS, SOLD OR RENTED THROUGH THE SITE ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. F5 SPORTS SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED ON OR THROUGH THE SITE. F5 SPORTS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION OBTAINED ON OR THROUGH THE SITE.
We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU SOLELY TO THE EXTENT PROHIBITED BY LAW.
Links to Other Sites.
If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. F5 Sports makes no representations or warranties (and shall have no liability) whatsoever about or with respect to any other website that you may access through this Site. When you access a non-F5 Sports site, you understand and agree that it is independent from F5 Sports and that F5 Sports has no control over the content on that website. In addition, a hyperlink to a non-F5 Sports website does not mean that F5 Sports endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use of such sites.
Governing Law and Jurisdiction.
All matters relating to the Site and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of North Carolina, without giving effect to any conflict of laws rules (whether of the State of North Carolina or any other jurisdiction). The parties expressly waive and disclaim the applicability of the United Nations Convention on the International Sale of Goods to the fullest extent permitted by law.
Any legal suit, action or proceeding arising out of or related to the Site or these Terms of Service shall be instituted exclusively in the federal courts of the United States located in Forsyth County, North Carolina, or the courts of the State of North Carolina located in Forsyth County, North Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE SITE OR ANY PRODUCTS OR SUBSCRIPTIONS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
General Limitation of Liability.
F5 SPORTS, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
- INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION),
- DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING OR EMOTIONAL DISTRESS, OR
- DIRECT DAMAGES IN THE AGGREGATE IN EXCESS OF THE AMOUNTS YOU HAVE ACTUALLY PAID TO F5 SPORTS, IN EACH CASE ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, PRODUCTS SOLD VIA THE SITE, SUBSCRIPTIONS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT F5 SPORTS OR OTHERS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU SOLELY TO THE EXTENT PROHIBITED BY LAW.
In the event that any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. No waiver by F5 Sports of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by F5 Sports to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between F5 Sports and you pertaining to the subject matter hereof.
In its sole and absolute discretion, F5 Sports may revise these Terms of Service from time to time by updating this page. Thus, you should periodically visit this page to review the current Terms of Service so you are aware of any such revisions to which you are bound. Your continued use of the Site and/or your purchase of products or Subscriptions from the Site following the posting of revised Terms of Service means that you accept and agree to the changes. The date these Terms of Service were last modified is listed at the beginning of these Terms of Service. Except as expressly provided in this paragraph, no amendment to or modification of these Terms of Service will be effective unless explicitly set forth in writing and signed by an authorized representative of F5 Sports.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance under these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdowns or power outages.
We take our communications with you seriously, and we offer you the option to unsubscribe from our marketing and promotional e-mails. In the event you choose to unsubscribe, we may still send you transactional communications via e-mail, such as responses to customer service requests and information about your Subscription purchases and updates.