AfterPitch, Inc., a Delaware corporation, welcomes you to our website (the “Site
”) and the applications and services available from us, through the Site or other platforms (collectively with the Site, the “Services”). Your use of the Site and the Services are governed by these Terms of Service (these “Terms
”). Any time you browse the Site or use the Services in any way, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Site or the Services.
”). We reserve the right to modify these Terms at any time, with such changes becoming effective when we post the modified Terms to the Site. We also reserve the right to make any changes to the Site and Services in any manner and to deny or terminate your access to the Site and Services, even if you have an Account, in our sole discretion.
Each time you use the Site or the Services, the then-current version of the Terms will apply. If you use the Site or the Services after a modification of these Terms, you agree to be bound by the Terms as modified.These Terms contain important information regarding your rights with respect to the Site and the Services, including your relationship with us, and include an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.
When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian.
You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.2. Registration & Account
Certain of the Services or portions of the Site may require you to register for an account (“Account
”). As part of the Account creation process, you may be asked to provide a username and password unique to the Account (“Login Information
”), at which time you assume administrative responsibilities for such Account as the Account Owner. If you elect to login to the Services using your Salesforce credentials, your Account will be automatically connected to the organization that owns your Salesforce Account, and you will be an Authorized User on such organization’s AfterPitch Organizational Account. The organization shall be the Account Owner with administrator rights to access your Account and any information provided under your Account. You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account.3. Organizational Accounts
When registering for the Services on behalf of an organization (creating an “Organizational Account
”), an Account Owner
may grant access to the Services to certain Authorized Users, subject to the limits of any plan for which the organization enrolls. When registering for an Organizational Account and accessing the Services, you represent or warrant that the information you enter for your organization is correct, and that you are acting with the Account Owner’s permission in creating such Organizational Account and using the Services. You acknowledge and agree that (i) the organizational Account Owner is responsible for all activity under Authorized User accounts and (ii) organizational administrators may have access to all activity/data under all Authorized Users’ accounts. Organizational Accounts shall own all Business and Customer Data generated, documented, or uploaded by its Authorized Users, but Objects that are not linked to Salesforce using the AfterPitch linking mechanism shall not be accessible to the Organizational Account or retrievable in a data export until such linking has been performed. “Object” shall mean the individual item located in the AfterPitch platform that is independently linkable to Salesforce.4. Permitted Uses/License
You are authorized to access the Site for the sole purpose of viewing and using the Services on your computer or device. We authorize you to copy materials from the Services to your hard drive solely for the purpose of viewing and using the Services on your computer.
You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site, the Services, or any data thereon. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or its content without our prior written permission. Your failure to abide by these conditions will immediately terminate your right to access the Site or to use the Services and may violate our intellectual property rights or the intellectual property rights of third parties.5. Location-based Services
The Site may contain links to websites we do not operate, control, or maintain (“Third Party Websites
”). We do not endorse any Third Party Websites, and we make no representation or warranty in any respect regarding the Third Party Websites. Any links to Third Party Websites on the Site are provided solely for your convenience. If you do access any Third Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third Party Websites or our links thereto.7. User Content Generally
When you post content and information to the Site or in connection with the Services (“User Content
”), you represent and warrant to us that (i) you own or have rights to use the User Content, (ii) the posting of the User Content does not violate any rights of any person or entity, and (iii) you have no agreement with or obligations to any third party that would prohibit your use of the Site or Services in the manner so used. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to the Site or through the Services. By posting User Content, you give us and our affiliates a perpetual, nonexclusive, irrevocable, royalty-free, sublicensable and transferable worldwide license to all intellectual property rights you own or control to use, transmit, and reproduce such User Content for purposes of providing the Services to you, and without the requirement of any permission or payment to you or any other person or entity. We do not require Personal Data, Credit Card information, personal health information or other regulated data and we strongly advise that such highly sensitive information is not stored in or transmitted via the Services. AfterPitch assumes no liability for inclusion of protected or regulated data or its unauthorized disclosure, and you agree to indemnify and hold harmless AfterPitch and its affiliates against any losses resulting from the inclusion of unrequested sensitive personal information or its subsequent exposure.
8. User Conduct
You agree not to use the Site or the Services to take any action or actions that (including with respect to any User Content): (i) are patently offensive in any manner (as determined in our sole discretion), (ii) involve commercial activities without our prior written consent, such as contests or sweepstakes, (iii) are contrary to our public image, goodwill, or reputation, (iv) infringe on our or any third party’s intellectual property rights, (v) violate any law or any third party’s legal rights, or (vi) “frame” or “mirror” any part of the Site without our prior written consent. You further agree that you will not use the Site or Services to store or transmit sensitive personal information including Social Security Numbers or credit card information.9. Data
You agree that we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Site and Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site Services and for other development, diagnostic and corrective purposes in connection with the Site and Services and other of our offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
You agree that any feedback or ideas you provide to us regarding the Site, Services, or any suggested improvements thereto (together: the “Feedback
”) will be the exclusive property of AfterPitch. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback. You further agree to perform all acts reasonably requested by us to perfect and enforce such rights. We will reimburse you for direct out of pocket costs incurred in complying with our requests.10. Product Subscription
We may offer our products for sale on a recurring subscription model (a “Product Subscription
”). From time to time we may see fit to offer free trials of the Product Subscriptions, (the “Trial Period
”). On the expiration of the Trial Period, your Product Subscription will automatically convert to a paid subscription on the same terms as you selected at the time of sale (or, if you made changes to the Product Subscription during the Trial Period, on those revised terms), and we will bill you for the applicable subscription amount at that time. You can cancel or make changes to your Product Subscription at any time during the Trial Period by sending an email to us at Support@AfterPitch.com
. If you cancel during the Trial Period, we will not charge your payment method at the conclusion of the Trial Period.
Even after your Product Subscription converts to a paid subscription, you can cancel or change your Product Subscription by contacting us through your account, via email, or by following the other instructions listed on the Services. If you cancel your Product Subscription, you will continue to receive the products for which you’ve subscribed through the end of your current billing period, but you won’t be entitled to receive a refund for the Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Paid Service Fees may be paid by credit card, debit card, or other payment forms we may permit. If you link a debit or credit card to your Account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card.
All product purchases are non-refundable.
11. Product Purchase
In describing and portraying any products on the Services, we attempt to be as accurate as possible; however, we do not warrant that the product descriptions, instructions or information, or other content on the Services is accurate, reliable, current, or error-free. We reserve the right to correct typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. You should complete your own diligence on the products we offer and you assume liability for the use of any information on the Services.12. Copyright Infringement
We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA
”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (i) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where on the Site the material that you claim is infringing is located; (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement. Send copyright infringement complaints to the following email address: Support@AfterPitch.com.
We suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA.13. Warranty Disclaimer
You agree that the Services are available on an “as is” basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors, or omissions in the Services or on the Site, (d) warranties relating to the accuracy or correctness of data on the Services, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions.
We do not warrant that the Site or the Services will operate error-free or that the Site is free of computer viruses and/or other harmful materials. If your use of the Site or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs.
Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.14. Limitation of Liability
Any liability we have to you in connection with these Terms, under any cause of action or theory, is strictly limited to, in aggregate for all violations, the amount paid to you by us for your use of the Services in the six month period immediately preceding the events giving rise to the claim. Without limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, these Terms. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages.
You agree to indemnify and hold us harmless for any breach of security or any compromise of your Account.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.15. Indemnification
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims
”), made by any third party due to or arising out of your use of the Site and Services in violation of these Terms, any breach of the representations and warranties you make in these Terms, or your User Content. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.16. Electronic Signatures and Notices
Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature.
If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.17. Governing Law
These Terms are governed by Delaware law, without giving effect to conflicts of law principles. You agree that, to the extent applicable and expressly subject to the dispute resolution provisions below, to submit to the exclusive jurisdiction of the state and federal courts located in San Mateo County, California in circumstances where these Terms permit litigation in court.18. Dispute Resolution
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.19. Notice for California Users
Under California Civil Code Section 1789.3, California Website users 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 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.20. Miscellaneous
We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses.21. Use of Trademarks
hereby grant to AfterPitch the express right to use your company’s logo in marketing, sales, financial, and public relations materials and other communications solely to identify you as a AfterPitch customer. AfterPitch hereby grants to you the express right to use AfterPitch's logo solely to identify AfterPitch as a provider of services to you. Other than as expressly stated herein, neither party shall use the other party's marks, codes, drawings or specifications without the prior written permission of the other party.