Perfect Game Development+ TERMS OF USE
GENERAL DESCRIPTION OF SERVICES:
Title of the publication or services:
We offer two versions of our Development App - one free (Perfect Game Development +) and one as a paid subscription (Perfect Game Development).
Perfect Game Development + (PG Development+) – Athlete Training and Development
Includes our Baseball Resource Guide.
Cost: Free of charge - no in-app purchases or subscription required to use all features.
Perfect Game Development (PG Development) – Athlete Training and Development
Length of subscription (offered as an in-app purchase): Available as an auto-renewable subscription either Monthly or Annually
Monthly is $19.99 per month – provides user full access to personalized training and development plan, nutrition plan, goal setting, injury tracking, accomplishment tracking, progress and projectability, event calendar, and baseball news
Annual is $199.99 per year - provides user full access to personalized training and development plan, nutrition plan, goal setting, injury tracking, accomplishment tracking, progress and projectability, event calendar, and baseball news
RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
IN CONSIDERATION of my being permitted to use the apps and online services (the “services”) of Perfect Game Development (PG Development, Perfect Game and PG) and Re-Play Athletics (Re-Play) , collectively the Company or Companies, I, for myself, my personal representatives, assigns, heirs, and next of kin (referred to as "I" or "me") agree to all the terms and conditions set forth in this agreement (the "Agreement"). I desire to use the Services provided by Perfect Game and Re-Play Athletics.
I ACKNOWLEDGE THAT I AM AT LEAST 18 YEARS OF AGE, OR AM THE CONSENTING PARENT OF AN ATHLETE UNDER THE AGE OF 18. I AM AWARE AND UNDERSTAND THAT BASEBALL INVOLVES THE RISK OF SERIOUS INJURY OR DEATH. I ACKNOWLEDGE THAT THE SERVICES ARE DESIGNED TO PROVIDE RECOMMENDATIONS TO GUIDE PLAYER DEVELOPMENT, BUT THAT ULTIMATELY ALL TRAINING DECISIONS AND ACTIVITY ARE THE MY SOLE RESPONSIBILITY. I ACKNOWLEDGE THAT THE SERVICES PROVIDE SUGGESTIONS BASED ON SCIENTIFIC ANALYSIS, HOWEVER EACH ATHLETE’S PERSONAL CIRCUMSTANCES MAY BE DIFFERENT AND REQUIRE THE USE OF MY PERSONAL JUDGEMENT WHETHER OR NOT THE RECOMMENDATIONS APPLY TO MY SITUATION AND IF THEY CAN BE COMPLETED BY MYSELF WITHOUT ANY INJURY OR HARM.
By using the Services, I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Provider, their affiliates, organizations or associations that promote or require use of the Services, their sponsors, and their subject master experts and their officers, directors, managers employees, agents, representatives, affiliates, shareholders, members, successors and assigns (collectively, "Releasees"), on account of injury, death or property damage arising out of or attributable to my use of the Services or in baseball activities generally, whether arising out of the negligence of the Provider or any Releasees or otherwise. I covenant not to make or bring any such claim against the Provider or any other Releasee, and forever release and discharge the Provider and all other Releasees from liability under such claims. I hereby represent that I have full power and all requisite authority to execute this Agreement and the release of liability contained herein, and that I have not in any way assigned or otherwise transferred the claims released under the terms of this Agreement.
This Agreement and the terms found in the apps and online at www.perfectgamedevelopment.app, www.perfectgame.org and www.replay.app constitute the sole and entire agreement of the Provider and me with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such Services. To an extent of a conflict between the Terms of Use and this Agreement, this Agreement shall control. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Provider and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any and all disputes arising under this Agreement shall be sealed by binding arbitration as provided in the Terms of Use.
Introduction
The Perfect Game Development Powered by Re-Play Athletics apps and related services (collectively, "the Service") are operated by Perfect Game and Re-Play Athletics ("us", "we", "the Company" or “the Companies”). By accessing or using our web site at www.perfectgamedevelopment.app, www.perfectgame.org, www.replay.app or the mobile versions thereof (together the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Companies, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site (including all data provided by you) and available through the Service (the "Site Content") is the proprietary property of the Companies with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Companies’ prior written permission. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any Site Content to which you have properly gained access solely for your personal, non-commercial use. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Companies, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Payment Terms
Users of our free version (PG Development +) may use the app free of charge. Users of our paid version (PG Development) may pay to utilize and have full access to all functions of the app on either a monthly or annual basis. Auto-renewable subscriptions are processed by Apple for iPhones and Google Play for Android Phones using their subscription payment services. Users may cancel at any time. Regular pricing for Monthly Subscriptions is $19.99 and Annual subscriptions is $199.99.
Cancellation Policy
You may cancel a recurring subscription at any time. Go to your phone settings for subscription management and follow that process to cancel. Your subscription will continue until your current billing cycle has ended. All in-app subscription purchases made through the iTunes App Store are subject to their terms and conditions. All in-app subscriptions made through Google Play are subject to their terms and conditions.
If a user is not in compliance with these terms and conditions, we reserve the right to contact them to remedy the issue and/or cancel their access to our services.
Trademarks
“Perfect Game”, “Perfect Game Development”, “PG”, “PG Development”, “Re-Play”, "PitchTracker" and “Re-Play Athletics” and other related graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trademarks or trade dress of the Companies in the U.S. and/or other countries. The Companies’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Companies.
User Conduct
You agree not to use the Service or the Site to:
Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, transmit, share or otherwise make available any material that 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; intimidate or harass another;
Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; use or attempt to use another's account, service or system without authorization from the Companies, or create a false identity on the Service or the Site; or
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Companies, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Companies or its users to any harm or liability of any type.
Mobile Services
The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to Service via your mobile phone and (ii) the ability to access certain Service features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). Your carrier's normal messaging, data and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services.
By using the Mobile Services, you agree that we may communicate with you regarding Service and other entities by SMS, MMS, text message, through social media accounts or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Service account information to ensure that your messages are not sent to the person that acquires your old number.
The Apps, Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Companies are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Companies be responsible for any loss or damage resulting from anyone's use of the Site or the Service.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES) AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANIES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANIES DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Companies reserve the right to change any and all content, software and other items used or contained in the Site and any Services and platform applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Companies.
The Companies reserve the right to change any and all content, software and other items used or contained in the Site and any Services and platform applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Companies.
Limitation on Liability
IN NO EVENT WILL THE COMPANIES OR THEIR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANIES ARE AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANIES FOR THE SERVICE, BUT IN NO CASE WILL THE COMPANIES’ LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANIES FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANIES, REGARDLESS OF THE CAUSE OF ACTION.
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 MAY HAVE ADDITIONAL RIGHTS.
Governing Law
By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Companies or any of our affiliates.
Indemnity
You agree to indemnify and hold the Companies, their subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you provide through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
THE PLAYING OF SPORTS INVOLVES THE RISK OF ACCIDENT, INJURY OR EVEN DEATH. THE ADVICE AND INFORMATION PRESENTED IN OUR APPS AND ONLINE ARE OFFERED AS RECOMMENDATIONS, BUT IT IS IN THE USER’S HANDS TO DECIDE WHAT IS BEST FOR THEIR OWN PERSONAL SITUATION AND CIRCUMSTANCES. EVERY HAS AND SHOULD KNOW THEIR LIMITS. THE COMPANIES AND THEIR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FROM THE USE OF ANY INFORMATION, OR ANY CONSEQUENCES THAT ARISE FROM USING THE INFORMATION CONTAINED IN OR GENERATED BY OUR APPS, ONLINE TOOLS AND SOFTWARE. THE FINAL DECISION ABOUT PARTICIPATION, LEVEL OF EFFORT EXERTED, AND TRAINING ACTIVITIES IS ULTIMATELY THE SOLE RESPONSIBILITY OF THE ATHLETE, AND/OR THE ATHLETE’S PARENT OR GUARDIAN, IF THE ATHLETE IS A MINOR (UNDER 18 YEARS OF AGE).