ON DECK BASEBALL ACADEMY LLC TERMS OF USE
Last updated October 21, 2021
On Deck Baseball Academy LLC maintains this website, any courses offered and other linked and related sites (the “Sites”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Sites. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and On Deck Baseball Academy LLC. We recommend that you check the Terms of Use from time to time for any updates or changes that may impact you. If you do not agree to these terms, do not use this Site.
Everyday language summaries are provided for your benefit and are not legally binding.
Account Terms
1. Use of Sites
On Deck Baseball Academy LLC provides various materials, demonstrations, programs, articles, news, advice, coaching, and other information on this and related sites and in courses offered through this site (the “Materials”). On Deck Baseball Academy LLC authorizes each User to view the Materials. Downloadable materials may be downloaded a maximum of one time and the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.
On Deck Baseball Academy LLC engages in coaching, mentoring, and technique reviews via the application OnForm. It is your responsibility to check the device requirements necessary to download and use the OnForm app at https://www.getonform.com/. Once Coach Dio sends you an invitation to OnForm, you will be able to create an account and upload your first video.
2. Account Terms
You must be 18 years or older, or at least the age of majority in the jurisdiction where you reside or from which you use this Service or have such authorization from your parent or guardian.
You must provide your full legal name and valid email address in order to complete the signup process through both Thinkific and OnForm. Primary communication will take place via OnForm application’s messaging service and the Thinkific membership area. Additional communication will primarily be through your email address. A valid phone number is optional, but recommended as a backup form of contact. You are responsible for ensuring that your registration information is accurate and complete.
3. Trademark and Copyright
On Deck Baseball Academy LLC, and certain other brands, trademarks, and service marks are marks of On Deck Baseball Academy LLC. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.
4. Hyperlinks
Links to external websites are provided solely as a convenience to you. On Deck Baseball Academy LLC has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
5. General Conditions of Use
You may not use the Sites or Services for any illegal or unauthorized purpose, nor may you, in your use of the services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission.
You may not misuse the Services, interfere with their normal operation, or attempt to access them using a method other than through the interfaces and instructions we provide.
You may not directly or indirectly identify a customer contrary to the terms of any Confidentiality Notice or other privacy setting or use the Services to collect or store sensitive information.
You may not use the Services to infringe on the Intellectual Property Rights of others, or to commit any unlawful activity; attempt to circumvent any license, timing, or use restrictions that are built into the Services; or lend, resell, lease or sublicense or otherwise use the Services for the benefit of a third party without prior written consent by On Deck Baseball Academy LLC.
We do not knowingly provide services or sell products to children. If you are below the age of 16, you may use our Sites and Services only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
6. On Deck Baseball Academy LLC Rights
We reserve the right to modify or terminate the Services for any reason, without notice at any time. We reserve the right to refuse our Services to anyone for any reason at any time.
We may, but have no obligation to, remove Content or suspend access to the Services if a User shares or otherwise make available Content containing material that we determine in our sole discretion to be offensive, threatening, unlawful, libelous, obscene, defamatory, or otherwise objectionable or if it violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) by a User or its representatives directed at any other member, On Deck Baseball Academy employee, or officer will result in immediate account termination.
7. LIABILITY RELEASE
YOU, THE PARTICIPANT AND PARENTS/GUARDIANS, RECOGNIZE BASEBALL IS A HIGH-RISK SPORT AND THAT PRACTICING OR COMPETING IN BASEBALL WILL BE A DANGEROUS AND UNPREDICTABLE ACTIVITY INVOLVING MANY RISKS OF INJURY. YOU UNDERSTAND THAT THE DANGERS AND RISKS OF PRACTICING AND COMPETING IN BASEBALL INCLUDE, BUT ARE NOT LIMITED TO, DEATH, SERIOUS NECK AND SPINAL INJURIES WHICH MAY RESULT IN COMPLETE OR PARTIAL PARALYSIS, BRAIN DAMAGE, BLINDNESS, SERIOUS INJURY TO VIRTUALLY ALL INTERNAL ORGANS, SERIOUS INJURY TO VIRTUALLY ALL BONES, JOINTS, LIGAMENTS, MUSCLES, TENDONS AND OTHER ASPECTS OF THE BODY, GENERAL HEALTH AND WELL-BEING. YOU UNDERSTAND THAT THE DANGERS AND RISKS OF PRACTICING OR COMPETING IN BASEBALL/SOFTBALL MAY RESULT NOT ONLY IN SERIOUS INJURY, BUT IN A SERIOUS IMPAIRMENT OF MY FUTURE ABILITIES TO EARN A LIVING, TO ENGAGE IN OTHER BUSINESS, SOCIAL AND RECREATIONAL ACTIVITIES AND GENERALLY TO ENJOY LIFE.
YOU, THE PARTICIPANT AND PARENTS/GUARDIANS, WAIVE, RELEASE, ABSOLVE, INDEMNIFY AND AGREE TO HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW ON DECK BASEBALL ACADEMY LLC, COACH JOHN DIO, THE ORGANIZERS, SUPERVISORS, COACHES, AND PARTICIPANTS FOR ANY CLAIM ARISING OUT OF ANY INJURY, KNOWN OR UNKNOWN, UP TO AND INCLUDING PERMANENT DISABILITY OR DEATH AND WHATEVER THE RESULT OF SAID NEGLIGENCE, TO YOU OR A PARTICIPANT OR FAMILY MEMBER. IN NO EVENT SHALL ON DECK BASEBALL ACADEMY LLC OR COACH JOHN DIO BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES TO PROPERTY OR FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATIONS.
WARNING: PROTECTIVE EQUIPMENT CANNOT PREVENT ALL INJURIES A PLAYER OR PARTICIPANT MIGHT RECEIVE WHILE PARTICIPATING IN BASEBALL. IT IS THE PLAYER’S RESPONSIBILITY, OR THE RESPONSIBILITY OF THE AUTHORIZING PARENT OR GUARDIAN IF THE PLAYER IS UNDER 18, TO OBTAIN AND USE PROTECTIVE EQUIPMENT, PRACTICE SAFELY AND IN APPROPRIATE LOCATIONS DESIGNATED FOR SAFE BASEBALL PRACTICE AND PLAY, AND BE ABLE TO SEEK MEDICAL ATTENTION SHOULD AN INCIDENT OCCUR.
8. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF ON DECK BASEBALL ACADEMY LLC SITES AND SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND SERVICES PERFORMED OR PROVIDED BY ON DECK BASEBALL ACADEMY ARE PROVIDED "AS IS'' WITHOUT WARRANTY OF ANY KIND. NO ORAL OR WRITTEN INFORMATION, COACHING, OR ADVICE GIVEN SHALL CREATE A WARRANTY.
9. Payment of Fees
Services will be automatically billed monthly. When your billing period is over, the Account Owner will be sent an invoice via the email provided.
Account Owner may cancel membership at any time. Upon cancelation, your membership will continue through the end of the month you've paid for. However, if you are signing up at an introductory price and decide to cancel and then come back, your new membership will be at the new regular price. On Deck Batting Academy LLC does not provide refunds.
Account Owners must dispute any discrepancies or errors in their invoices within two weeks of their receipt of an invoice/bill.
All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, Goods and Services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
10. Effective Date and Updates
The Terms of Use are subject to change without notice by On Deck Baseball Academy LLC at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.