Terms & Conditions


In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "Company", “Ourselves”, “We” and "Us", refers to Baseball Performance Analysis, LLC. “Party” or “Parties”, refers to both the Client and the Company, or either the Client or the Company. The Company does not represent that its services are those of a health care provider or health care professional (including physical therapy), nor does it guarantee any specific results. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Privacy Statement
The Company is committed to protecting your privacy. Authorized employees within the Company collect and use information from individual customers on a need to know basis only. We constantly review our systems and data to ensure the best possible service to our customers. Notwithstanding this statement, by using the website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to (or through) the website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.


Confidentiality

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Client records are regarded as confidential and therefore will not be divulged to any third party, except as the Company is required to do under the law. Clients have the right to request sight of, and copies of any and all Client records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall provide Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

 

Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will not be used in any way different to that stated above without your explicit permission.

 

Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

 

Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

 

Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

Copyright Notice

The materials contained in this website are protected by applicable copyright, trademark, and other laws with respect to the protection of intellectual property. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this website are the intellectual property of the Company. The Company’s logo is a registered trademark of this Company in the United States. The brand names and specific services of this Company featured on this web site are registered trademarks.

 

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ personally identifiable information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

 

Disclaimer of Warranties and Limitation of Liability

You acknowledge, by your use of the site, that your use of the site is at your sole risk. This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by the Company on an "as is" and "as available" basis, unless otherwise specified in writing.


The Company makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.


The Company does not warrant that this website, its information, content, materials, products (including software) or services included on or otherwise made available to you through this site, their servers, or e-mail sent from the company are free of viruses or other harmful components.


Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.


The Company will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

Indemnification

You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website.

 

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses.

 

Severability

If any clause of these Terms and Conditions shall ever be determined to be unenforceable, it is agreed that this will not affect the enforceability of any other clause or the remainder of the Terms and Conditions.

 

Baseball Performance Analysis, LLC 2011. All Rights Reserved