1. ACCEPTANCE OF TERMS
By purchasing products, accessing software services (including PULSE, TRAQ, and related platforms), or using equipment from Driveline Baseball Enterprises LLC (“Driveline Baseball,” “we,” “us,” or “our”), you (“Customer”) agree to be bound by these Terms of Service (“Terms”).
We reserve the right to update these Terms at any time by posting updates to our website. You can review the most current version at [https://www.drivelinebaseball.com/software-terms-and-conditions/]. Your continued use of services following any changes constitutes acceptance of those changes.
2. SOFTWARE SUBSCRIPTIONS
Term: Software subscriptions are provided for the term length specified in your invoice or order confirmation.
Cancellation: To cancel a subscription, provide written notice to [email protected] at least sixty (60) days prior to the renewal date.
No Refunds: Subscription fees are non-refundable. Cancellations are effective at the end of the current paid period.
Data Upon Cancellation: You have thirty (30) days after cancellation to export your data. After this period, we may delete your data per our standard retention policies.
3. PRODUCT WARRANTIES
For warranty information on PULSE Workload Monitors, equipment, and other products, please refer to our Returns & Warranty page at https://www.drivelinebaseball.com/returns-warranty/.
4. DATA USAGE AND OWNERSHIP
Your Data: You retain ownership of raw data you input into our systems. We retain ownership of all algorithms, analysis methodologies, reports, and derivative works created by our software.
Our Use of Data: We may collect, store, and use your personal and training-related information. Training data is anonymized before storage for commercial purposes. We reserve the right to aggregate and analyze anonymized training data for commercial purposes, including selling aggregate, anonymized data to third parties.
Privacy: We do not sell training data with personal identifiers attached. We will not disclose identifiable athlete training data to third parties without express permission.
5. WARRANTIES DISCLAIMED
Services and products are provided “as is” without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. All such warranties are expressly disclaimed.
We do not warrant that services will be uninterrupted, error-free, secure, or that any errors will be corrected.
6. LIMITATION OF LIABILITY
To the extent allowed by law, our liability to you for any reason shall be limited to and shall not exceed the greater of $100.00 or the amount you paid us for the disputed services or products during the twelve (12) months preceding the claim.
This limitation applies to all causes of action, including breach of contract, breach of warranty, negligence, strict liability, and misrepresentation.
We shall not be liable for any incidental, consequential, indirect, exemplary, punitive, or special damages arising from your use of our services or products.
7. HEALTH DISCLAIMER
Not Medical Advice: Driveline Baseball is not a medical organization and does not provide medical advice or diagnosis. Information provided by our software and services is for educational purposes only and should not replace consultation with medical professionals.
Inherent Risks: Participation in sports and physical training carries inherent risk of injury, including potential for catastrophic injury or death. You must consult a medical professional before undertaking any fitness regimen or exercise program.
Assumption of Risk: By using our services, you acknowledge these risks and agree that Driveline Baseball is not liable for any injuries or health issues resulting from use of our products, services, or information.
8. THIRD-PARTY TOOLS AND LINKS
We may provide access to third-party tools or services over which we have no control. Such tools are provided “as is” without warranties or endorsements. We have no liability for your use of third-party tools.
Our services may include links to third-party websites not affiliated with us. We are not responsible for third-party content, and complaints regarding third-party products should be directed to those providers.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Driveline Baseball and our affiliates, officers, directors, agents, employees, and contractors from any claim or demand, including reasonable attorneys’ fees, arising from:
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- Your breach of these Terms
- Your violation of any law or the rights of any third party
- Your use or misuse of our software, services, or products
10. CUSTOMS AND INTERNATIONAL SHIPPING
For international shipments, customs fees, duties, and import taxes are your sole responsibility. Questions regarding import fees should be directed to your country’s customs office.
11. TERMINATION
We may suspend or terminate your access immediately for any reason, including breach of these Terms, non-payment, or fraudulent activity.
Upon termination, your right to use services ceases immediately, but you remain liable for all fees incurred prior to termination. Sections 4 (Data Usage), 6 (Limitation of Liability), 7 (Health Disclaimer), and 12 (Governing Law) survive termination.
12. GOVERNING LAW
These Terms shall be governed by the laws of the State of Washington. You agree to submit to the jurisdiction of courts located in King County, Washington for resolution of any disputes.
13. GENERAL
Entire Agreement: These Terms, together with any written agreements executed between you and Driveline Baseball, constitute the entire agreement regarding your use of our services.
Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
No Waiver: Our failure to enforce any right or provision will not constitute a waiver of that right or provision.
14. CONTACT
For questions about these Terms, contact [email protected].
By purchasing products, accessing software services, accepting delivery, or submitting payment, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
For Driveline Baseball’s general terms of service (including but not limited to all of Driveline Baseball’s training services), please review our General Terms of Service.