Terms of Service

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Welcome to the official website for 27 Outs School of Baseball. We provide Virtual Training Courses, our “Services”, explained further below, via our website 27outschool.com. We reserve the right to update or modify sections of these Terms of Service when we see fit. If changes are made to these Terms of Service, we will display the changes on this page and update the date that these Terms of Service were most recently modified on the top of the page. We will either notify you through the website, an email or other reasonable notification source that ensures you receive the updated Terms of Service. Any changes we may make will become effective no earlier than fourteen (14) days after being posted. However, any changes made to the functioning of the website or changes made for pertinent legal reasons will become effective immediately. By continuing to use the website and our Services past the date that any such modifications have become effective, you are constituting your willing acceptance of the new Terms of Service.

These Terms of Service should be read with extreme care, as they contain an agreement to arbitrate and other important information regarding your applicable legal rights, remedies and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against 27 Outs School of Baseball on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive and declaratory relief) on an individual basis.

While using certain functions of the website or participating in certain Services, you will be subject to any relevant and additional terms applicable to such Services that may be displayed on the website, including, without restriction, our Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.

The website consists of an online marketplace and platform that allows the Facilitators to offer our Services for coaches and players to purchase. While 27 Outs School of Baseball works to maintain high standards of service, you acknowledge and agree that: (1) 27 Outs School of Baseball is not a party to any agreements entered into between Facilitators and Parents, (2) 27 Outs School of Baseball only provides specific tools to facilitate the purchase, sale and provision of Services, (3) Parents contract for Services directly with Facilitators (4) 27 Outs School of Baseball is not a broker, agent (except as expressly set forth below) or insurer, and (5) 27 Puts School of Baseball disclaims all liability for the conduct of Facilitators, Parents, or any other Users of the website or Services. Different sections of the website and Terms of Service affect Facilitators and Parents differently, so please be sure to read these Terms of Service carefully.

Key Terms:

“User” “you” or “your” means a person, organization or entity using the website or Services, including Parents and Facilitators.

“Parent(s)” means a parent or legal guardian who completes 27 Outs School of Baseball’s account registration process to purchase Services on the website for the purpose of enrolling their child.

“Facilitator(s)” means a person who completes 27 Outs School of Baseball account registration process to sell Services on the website.

“Service(s)” means any Virtual Training Course(s) submitted by a Facilitator for sale on the website.

Access and Use of the Website:

Website Description:

27 Outs School of Baseball’s website is an online marketplace for Virtual Training Courses for baseball coaches and players. It is designed for prospective coaches and parents of participating players to find and schedule themselves or their child(ren) to participate in our Services. The website allows Facilitators to market, sell and conduct their Virtual Training Courses. As the provider of an online marketplace, 27 Outs School of Baseball does not own, create, sell, resell, control or manage any Services. 27 Outs School of Baseball’s responsibilities are limited to: (i) providing the website as an online marketplace and platform to facilitate the sale, purchase and conduct of Services, and (ii) serving as the limited agent of each Facilitator for the purpose of accepting payments from a Parent on behalf of the Facilitator. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While 27 Outs School of Baseball constantly works to maintain a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not 27 Outs School of Baseball. 27 Outs School of Baseball does not control the behavior of Users or the quality of the Services. As a result, 27 Outs School of Baseball cannot guarantee the authenticity, quality, safety, legality or appropriateness of the Services. (Is all the content of this paragraph true for 27 Outs School?)

Your Registration Obligations:

In order to use certain features on the Website, you must first complete your registration with 27 Outs School of Baseball. By choosing to complete your registration for the website, you are agreeing to provide us with and maintain true, current, accurate and complete information about yourself where indicated throughout the registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be of legal age to form a binding contract to register for the website and/or our Services (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of Service and agree to them for you before you use the website and/or our Services. If you are a Parent and you provide your consent to your child’s use of the website, then you agree to be bound by these Terms of Service with respect of your child’s use of the website and/or our Services.

Member Account, Password and Security:

The confidentiality of your password and account are your responsibility. You assume responsibility for any and all activities that take place under your password or account. You agree to (i) immediately notify 27 Outs School of Baseball of any unauthorized use of your password or account or any other breach of security and (ii) ensure that you log out of your account after every session accessed through the website. 27 Outs School of Baseball will not be liable for any loss or damage due to your failure to comply with this Section.

Modifications to Service:

27 Outs School of Baseball maintains the right to, at any time, modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice to you. You agree that 27 Outs School of Baseball will not be held accountable to you or to any third party due to a modification, suspension or complete discontinuation of the website.

General Practices Regarding Use and Storage:

You acknowledge that 27 Outs School of Baseball may establish general practices and limits concerning use of the website, including without limitation the maximum period of time data or other content will be retained by the website and the maximum storage space allotted on 27 Out’s School of Baseball’s servers on your behalf. You agree that 27 Outs School of Baseball has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the website. You acknowledge that 27 Outs School of Baseball reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that 27 Outs School of Baseball reserves the right to change these general practices and limits at any time with or without notice to users.

Course Video Recordings:

The Virtual Training Courses facilitated via 27 Outs School of Baseball’s video platform are automatically recorded by 27 Outs School of Baseball (“Course Video Recordings”). These Course Video Recordings become available to the Facilitator in charge of the Virtual Training Course in order to (1) provide a viewable copy to students who missed the Virtual Training Course, or who wish to review the training session, for their personal educational purposes; and (2) review the Course Video Recording personally in order to improve their Services. In addition, 27 Outs School of Baseball may use Course Video Recordings to provide and improve our Services, for customer support and for compliance purposes. 27 Outs School of Baseball retains Course Video Recordings for two years after the date of the applicable training course, subject to our Privacy Policy, after which they are deleted. Notwithstanding the foregoing, 27 Outs School of Baseball will also delete Course Video Recordings earlier than two years under the following circumstances: (a) upon the request of a Parent for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of 27 Outs School Of Baseball that a Course Video Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Course Video Recordings containing images of you (or your children) for any other purposes without your express written consent. By using the services, you consent to you and/or your child appearing in Course Video Recordings for the limited purposes set forth above. (How much of this is applicable to 27 Outs?)

Certain Facilitator Obligations: (How much of this section applies to 27 Outs?)

As a Facilitator, you must provide 27 Outs School of Baseball with any information requested in order for 27 Outs School of Baseball to list your Virtual Training Courses through its website including but not limited to a description of the training courses and the price for the training courses. 27 Outs School of Baseball has sole discretion as to which training courses we list on the marketplace and we reserve the right to reject and/or remove training courses from the marketplace for any reason. Additionally, 27 Outs School of Baseball has discretion to edit training course descriptions as needed to conform them to our marketplace standards. 27 Outs School of Baseball has sole discretion as to which Facilitators are accepted into the marketplace and we reserve the right to reject, suspend or remove any potential Facilitator from the marketplace for any reason. 27 Outs School of Baseball may, but is not required to, conduct background checks on and interviews of Facilitators in its discretion and solely for its own benefit. As a Facilitator, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.

Each Facilitator is solely responsible for obtaining any necessary licensure or permission to offer training courses. 27 Outs School of Baseball takes no responsibility in a Facilitators failure to obtain necessary documentation or otherwise comply with applicable laws, rules and regulations.

You understand and agree that 27 Outs School of Baseball is not an insurer, agent or employer for you as a Facilitator. If a Parent purchases any of your training courses, any agreement you enter into with such Parent is between you and the Parent, and 27 Outs School of Baseball is not a party thereto. Notwithstanding the foregoing, 27 Outs School of Baseball is authorized to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a Facilitator, you are responsible for your own acts and omissions while using the website. With the sole exception of students enrolled in the applicable training course, and/or their Parents, you further agree that you will not share any Course Video Recordings made available to you by 27 Outs School of Baseball to any third parties.

To the extent that you are using the website as a Facilitator, you agree to abide by the terms set forth in the Facilitator Guide (Outschool links to a Teacher Guide here. What would you like to do for 27 Outs?)

Payment Terms: (Are these terms the same for 27 Outs?)

Player Payment:

Parent(s) agrees to pay all applicable fees for Virtual Training Courses (“Enrollment Fees”) as set forth on the website. All Enrollment Fees are payable in the currency specified on the website at the time of purchase. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income. Parent(s) hereby authorizes 27 Outs School of Baseball to bill Parent’s payment instrument upon confirmation of a purchase, and Parent(s) further agrees to pay any charges so incurred. If Parent(s) disputes any charges you must let 27 Outs School of Baseball know within sixty (60) days after the date that 27 Outs School of Baseball charges you.

Facilitator Payment:

27 Outs School of Baseball will transfer the Enrollment Fees to Facilitator’s account for each sale of a training session (or set of training sessions, as applicable) to a Parent within a reasonable period of time, minus 27 Outs School of Baseball’s service fees, according to the schedule and policies. In order to transfer funds to Facilitator’s account, the Facilitator shall sign up for their own account. 27 Outs School of Baseball has discretion to act on behalf of the Parent, and to not transfer the Enrollment Fees to the Facilitator, if the Parent reports that the training courses were not provided or adequately completed. This may include but is not limited to circumstances where a Facilitator did not arrive for a training course or a training course was of insufficient quality. 27 Outs School of Baseball will independently review such cases, seeking input from the Parent and/or the Facilitator, and may decide at its sole discretion to issue a refund to the Parent. All determinations of 27 Outs School of Baseball with respect to a refund shall be final and binding on the Parent and Facilitator.

Limited Payment Collections Agent:

Facilitators appoint 27 Outs School of Baseball as their limited payment collection agent solely for the purpose of accepting the Enrollment Fees from the Parent. Each User agrees that payment of the Enrollment Fees by a Parent to 27 Outs School of Baseball, as that Facilitator’s limited payment collection agent, shall be considered the same as a payment made directly by such Parent to the relevant Facilitator and the Facilitator will provide the relevant courses to the Parent, as outlined on the website, as if the Facilitator had directly received payment. 27 Outs School of Baseball, as the limited payment collection agent for the Facilitator, agrees to facilitate the payment of any Enrollment Fees for courses pursuant to these Terms of Service unless otherwise agreed between 27 Outs school of Baseball and the Facilitator. In the event that 27 Outs School of Baseball does not remit such amounts, the Facilitator will have recourse only against 27 Outs School of Baseball.

Conditions of Use:

Use Conduct:

You, as the User, are independently responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the website. The following are examples of the kind of content and/or use that is illegal or prohibited by 27 Outs School of Baseball. 27 Outs School of Baseball reserves the right to investigate and take appropriate legal action against anyone who, in 27 outs School of Baseball’s sole discretion, violates this provision, including without limitation, removing the offending content from the website, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You, as the User, agree to not use the website to:

• Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of 27 Outs School of Baseball, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose 27 Outs School of Baseball or its users to any harm or liability of any type
• Interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of any networks connected to the website
• Violate any applicable local, state, national or international law, or any regulations having the force of law
• Impersonate any person or entity, or falsely claim or otherwise misrepresent your affiliation with a person or entity;
• Solicit personal information from anyone in violation of our Privacy Policy
• Harvest or collect email addresses or other contact information of other Users from the website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
• Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized by 27 Outs School of Baseball
• Further or promote any criminal activity or enterprise or provide instructional information about illegal activities
• Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the 27 Outs School of Baseball website.

Special Notice for International Users; Export Controls:

Software (defined below) available in connection with the website and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the website, including as it concerns online conduct and acceptable content.

Commercial Use:

Unless otherwise expressly authorized herein or in the website, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the website, use of the website, or access to the website.

Intellectual Property Rights:

Website Content, Software and Trademarks: 

You, as the User, acknowledge and agree that the website may contain content or features (“Website Content”) that are protected by a copyright, patent, trademark, trade secret or other proprietary right and/or law. Except as specifically authorized by 27 Outs School of Baseball, you agree not to modify, replicate, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the website or the Website Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the website.

You, as the User, acknowledge and agree that Class Recordings constitute Website Content, not User Content. In connection with your use of the Website, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction procedures. If 27 Outs School of Baseball blocks you from accessing the website (including by blocking your IP address), you agree not to implement any measures to bypass such blocking (e.g., by disguising your IP address or using a proxy IP address). Any use of the website or the Website Content other than as specifically authorized herein is completely prohibited. The technology and software underlying the website or distributed in connection therewith are the property of 27 Outs School of Baseball, our affiliates and our partners (the “Software”). You agree not to replicate, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. 27 Outs School of Baseball reserves any rights not expressly permitted herein.

The 27 Outs School of Baseball name and logos are trademarks and service marks of 27 Outs School of Baseball (collectively the “27 Outs School of Baseball Trademarks”). Other 27 Outs School of Baseball, product and service names and logos used and displayed via the website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to 27 Outs School of Baseball. Nothing in this Terms of Service or on the 27 Outs School of Baseball website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of 27 Outs School of Baseball Trademarks displayed on the website, without our prior written approval in each instance.

Third Party Material:

Under no circumstances will 27 Outs School of Baseball be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that 27 Outs School of Baseball may, but is not required to, pre-screen content, and 27 Outs School of Baseball and its designees have the right, in their sole discretion, to refuse or remove any content that is available via the website. Without limiting the foregoing, 27 Outs School of Baseball and its designees have the right to remove any content that violates these Terms of Service or is deemed by 27 Outs School of Baseball, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

User Content Transmitted Through the Website:

With respect to the content or other materials you, the User, upload via the website and/or share with other users or participants (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all necessary copyrights and rights of publicity contained therein. You shall retain any intellectual property rights you hold in your User Content, and 27 Outs School of Baseball does not claim any ownership (copyright, trademark or otherwise) over your User Content. By submitting, posting or otherwise uploading User Content on or via the website you give 27 Outs School of Baseball a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as explained below:

• With respect to User Content that you, the User, submit, post or otherwise make publicly or generally available via the website (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the website or Services, and/or to incorporate it in other works in any form, media or technology now known or later developed for any legal business purpose.
• With respect to User Content that you, the User, submit, post or otherwise transmit privately via the website or Services (e.g. via private lessons or messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling 27 Outs School of Baseball to provide you with the website features and/or Services.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or Services (“Submissions”), provided by you to 27 Outs School of Baseball are non-confidential and 27 Outs School of Baseball is entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you, the User.

You acknowledge and agree that 27 Outs School of Baseball may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms of Service, (iii) respond to claims that any content violates the rights of third parties or (iv) protect the rights, property, or personal safety of 27 Outs School of Baseball, its users, affiliates and the public. You understand that the technical processing and transmission of the website, including your content, may involve (i) transmissions over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints:

The intellectual property of 27 Outs School of Baseball users is highly valued by the organization. We ask our users to conduct themselves similarly. If you are of the belief that someone else has copied your work, in a manner severe enough to warrant copyright infringement, or believe that violations have been imposed upon your intellectual property rights, please contact 27 Outs School of Baseball and present your claim using the procedure explained below:

27 Outs School of Baseball investigates all notices of alleged infringements. Appropriate actions are taken under the Digital Millennium Copyright Act (DMCA) and any other pertinent intellectual property laws for all alleged and/or actual copyright infringements. Notices of alleged infringement claims should please be emailed to info@27outschool.com Or you may contact us by mail at:

An effective notice is submitted in writing and should contain the information below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright and/or other intellectual property interest
• A depiction of the copyrighted work in question or any other intellectual property you claim to be infringed;
• A depiction of where you claim the infringing material is located on the website, with enough detail so that we may easily locate it on the website
• Your personal address, telephone number and email address should be included
• Your statement in which you have a good faith belief that the disputed use is not approved by the copyright or intellectual property owner, its agent or the law
• Your statement, made under the penalty of perjury, that all of the above information in your Notification is accurate and you are the copyright or intellectual property owner or the individual authorized to act on the copyright or intellectual property owner’s behalf

Counter-Notice:

If you are of the belief that User Content removed from the website is not infringing any copyright laws, or if you have explicit approval from the copyright or intellectual property owner, their agent or the law, to upload and utilize the specific content within your User Content, you are entitled to submit a written counter-notice to the Copyright Agent containing the information below:

• Your physical or electronic signature
• An identification of the content removed or to which access has been disabled and the location the content first appeared before being removed or disabled
• A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content in question
• Your name, personal address, telephone number, and email address
• A statement containing your consent to the jurisdiction of the federal court located within Arizona and a statement that you accept service of process from the person who provided the original notice of the alleged copyright infringement.

Upon the Copyright Agent receiving the counter-notice, 27 Outs School of Baseball sends a copy of the counter-notice to the party of the original notice of alleged copyright infringement. This informs the individual that they may reinstate the content that was removed or disabled in 10 business days. The removed or disabled content can be restored, after receiving the counter-notice and at our sole discretion, in 10 to 14 business days insofar as there are no court orders made by the party who sent the original notification of copyright infringement against the individual who provided the content or a participant or User.

Policy for Repeat Infringers:

In observation of the DMCA standards and any pertinent and applicable laws, 27 Outs school of Baseball implements the policy of terminating any User who is deemed a repeat infringer. Repeat infringers are terminated when the circumstances lead to termination being the most appropriate course of action. This decision is made completely at the discretion of 27 Outs School of Baseball. 27 Outs School of baseball, also at its sole discretion, may limit access to the website and/or completely terminate memberships of Users infringing upon the intellectual property rights of others, regardless of them being a repeat infringer or not. 

Third Party Websites:

The website and/or our Services may contain links to other websites not operated or controlled by us (“Third Party Sites”). The policies and procedures we describe here do not apply to the Third Party Sites. The links from our Services do not imply that we endorse or have reviewed the Third Party Sites. 27 Outs School of Baseball is not liable, directly or indirectly, for damages or loss caused or allegedly caused by the connection with Third Party Sites. 

Social Networking Services:

You, the User, are able to log into the website via certain online third party sources, such as Facebook or Twitter (“Social Networking Services”). Your experience on our website becomes more personalized to you when logging in via Social Networking Services. In order for you to access this feature and capabilities, you may be asked to authenticate yourself by logging into Social Networking Services on the website of the respective provider. Through logging in via Social Networking Services, we are provided information that we integrate, store and disclose in compliance with the Privacy Policy. For more information about 27 Outs School of Baseball’s integration, storage and disclosure of information accessed through Social Networking Services, please read our Privacy Policy. 27 Outs School of Baseball is not responsible or how third party Social Networking Services integrate, store or disclose your information. The privacy practices may vary and 27 Outs School of Baseball does not assume any liability for the privacy practices and actions of these third party Social Networking Services accessed through the website.

Furthermore, 27 Outs School of Baseball assumes no responsibility for the accuracy, availability or reliability of any information, content, data, opinions, advice or statements that become available through the Social Networking Services. 27 Outs School of Baseball assumes no liability for damage or loss caused or alleged to be cause by affiliation with any such Social Networking Services.

Indemnity and Release:

You, the User, agree to indemnify, release and hold 27 Outs School of Baseball, its affiliate and their officers, employees, directors and agents unaccountable for any and all losses, damages, expanses (including attorney fees), rights, claims, actions of any kind and injury (including death) that may arise due to your, the User’s, use of the website or User Content, connection to the website, your violation of the Terms of Service, or your violation of the rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. (The underlined content needs to be updated to 27 Out’s location/jurisdiction)

Disclaimer of Warranties:

You, the User, are to use the website at your own risk. The website is provided to Users on an “as is” and “as available” basis. We, 27 Outs School of Baseball, provide no warranties of any kind (express, implied or statutory), including, but not limited to implied warranties of salability, fitness for particular purposes, title and non-infringement.

27 Outs School of Baseball provides no warranty in regard to (i) the service meeting your requirements, (ii) the service functioning uninterrupted, (iii) the potential results obtained from using the website being accurate and/or reliable or (iv) the quality of products, Services, information or other materials purchased, obtained or utilized through the website meeting your expectations.

You acknowledge and agree that criminal background checks of Facilitators, conducted by 27 Outs School of Baseball, are for the benefit of 27 Outs School of Baseball. 27 Outs School of Baseball provides no warranties in regard to the conduct of Users on the website and/or Services.

Limitation of Liability:

You, the User, acknowledge and agree that 27 Outs School of Baseball holds no liability for any and all indirect, incidental, special, consequential, exemplary damages or damages for loss of profits. These losses include, but are not limited to, damages for loss of goodwill, data, use or other intangible losses, regardless of whether or not 27 Outs School of Baseball has been previously advised about the potential for such losses and/or damages, whether the damages are based on contract, tort, negligence, strict liability or otherwise, resulting from (i) the use or failure to correctly use the website, (ii) the procurement cost of substitute goods and services purchased, obtained and/or utilized or messages sent or received or transactions made through the website, (iii) unauthorized access to or adjustments of your transmissions or data, (iv) statements or conducts made by any third party affiliates of the website or (v) any other matters pertaining to the website. In no event will 27 Outs School of Baseball total liability to you for any damages, losses or causes of action exceed the amount you paid 27 Outs School of Baseball in the last six (6) months, or, if greater, one hundred dollars ($100.00).

Certain jurisdictions do not allow the disclaimer or exclusion of specific warranties or the limitation or exclusion of liability for incidental or consequential damages. Please note that certain limitations explained above may not be applicable or enforceable to you. If you are dissatisfied in any way with the website and/or Services or any part of these Terms of Service, you retain the right to remedy your dissatisfaction by discontinuing your use of the website and/or Services.

If you are a user from New Jersey, the foregoing sections titled “Disclaimer of Warranties” and “Limitation of Liability” are intended to be only as broad as is permitted under the laws of the state of New Jersey. If any portion of these sections is held to be invalid under the laws of the state of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections. (Is this valid for 27 Outs?)

Dispute Resolution by Binding Arbitration:

Please read the following section with extreme care as it affects your individual rights.

Agreement to Arbitrate:

This section, Dispute Resolution by Binding Arbitration is referred to in these Terms of Service as the “Arbitration Agreement”. You, the User, agree that any and all disputes or claims that have arisen or may arise between you and 27 Outs School of Baseball, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and 27 Outs School of Baseball are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief:

You, the User, and 27 Outs School of Baseball agree that each party may make claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Additionally, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims(s).

Pre-Arbitration Dispute Resolution:

27 Outs School of Baseball is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@27outschool.com If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to 27 Outs School of Baseball should be sent to (insert company name, PO Box here) (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If 27 Outs School of Baseball and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or 27 Outs School of Baseball may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by 27 Outs School of Baseball or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or 27 Outs School of Baseball is entitled.

Arbitration Procedures:

A neutral arbitrator conducts the arbitration in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org/. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless 27 Outs School of Baseball and you, the User, agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA shall make the determination. If your claim is for $10,000 or less, 27 Outs School of Baseball agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the AAA Rules will determine the right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration:

AAA Rules govern payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”), unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, 27 Outs School of Baseball will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, 27 Outs School of Baseball will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, 27 Outs School of Baseball will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. AAA Rules govern any payment of attorney fees.

Confidentiality:

The arbitrator and all involved parties, for the benefit of all parties, will strictly maintain confidentiality in all aspect of the arbitration proceeding and any ruling, decision or award.

Severability:

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

Future Changes to Arbitration Agreement:

Notwithstanding any provision in this Terms of Service to the contrary, 27 Outs School of Baseball agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending 27 Outs School of Baseball written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination:

You agree that 27 Outs School of Baseball, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the website and/or Services and remove and discard any content within the website and/or Services, for any reason, including, without limitation, for lack of use or if 27 Outs School of Baseball believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of website, may be referred to appropriate law enforcement authorities. 27 Outs School of Baseball may also in its sole discretion and at any time discontinue providing the website and/or Services, or any part thereof, with or without notice. You agree that any termination of your access to the website and/or Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that 27 Outs School of Baseball may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the website and/or Services. Further, you agree that 27 Outs School of Baseball will not be liable to you or any third party for any termination of your access to the website and/or Services.

User Disputes:

You, the User, assume full responsibility for your interactions with other Users of the website and 27 Outs School of Baseball assumes no liability or responsibility with respect thereto.

27 Outs School of Baseball maintains the right, but no obligation, to become involved in and way deemed necessary with disputes between you and other Users of the website.

General:

These Terms of Service constitute the entire agreement between you, the User, and 27 Outs School of Baseball and govern your use of the website, superseding any prior agreements between you, the User, and 27 Outs School of Baseball with respect to the website. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California (update underlined for 27 Outs) without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you, the User, and 27 Outs School of Baseball agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California (update underlined for 27 Outs). The failure of 27 Outs School of Baseball to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You, the User, agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You, the User, may not assign this Terms of Service without the prior written consent of 27 Outs School of Baseball, but 27 Outs School of Baseball may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you, the User, may be made via either email or regular mail. The website may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the website.

Your Privacy:

27 Outs School of Baseball highly respects the privacy of all out Users. Please visit our Privacy Policy (link to 27 Outs Privacy Policy here) for details. By using the website, you, the User, consent to our collection and use of personal data as outlined therein.

Notice for California Users: (this section needs to be updated with 27 Outs info)

Under California Civil Code Section 1789.3, Users of the website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Outschool, Inc. PO Box 77107, San Francisco, CA 94107.

Questions, Concerns or Suggestions:

Please contact us at (insert 27 Outs support email here) to report any violations or alleged violations of these Terms of Service or to pose any questions regarding these Terms of Service or the website.