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This blog may contain links to other websites including ads for products and services. The writer/creator of this blog is not responsible for any of the actions, terms, policies, or practices of any of the websites that may ProSpeedBaseball.com and its affiliates may be linked to. If you visit any website that this blog links to, you are doing so at your own risk.

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Terms & Conditions of Use of prospeedbaseball.com

TERMS AND CONDITIONS OF USE

THE PROSPEEDBASEBALL.COM WEBSITE, INCLUDING ALL OF ITS SUBSITES (TYPICALLY

ANY WEB PAGES WHICH END IN PROSPEEDBASEBALL.COM), AND ALL SOFTWARE,

PRODUCTS, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR

THROUGH OUR WEB SITE OR SUBSITES (COLLECTIVELY, THIS "SITE") IS OWNED AND

OPERATED BY PRO SPEED BASEBALL ("PRO SPEED BASEBALL "). YOUR ACCESS AND

USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE AND

ALL APPLICABLE LAWS. PLEASE READ THESE TERMS AND CONDITIONS OF USE

CAREFULLY. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT

YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS AND

CONDITIONS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO

ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT ACCESS, BROWSE, OR USE THIS

SITE OR THE CONTENT OR SERVICES HEREON.

I. Privacy Policy

We respect your privacy. Our collection, use and disclosure practices regarding your

personally identifiable information and personal health information is set forth in our

incorporated herein by reference and your assent to these Terms and Conditions of Use

includes your assent to our Privacy Policy.

II. Registration and Eligibility

Pro Speed Baseball allows users to establish an account to access various features of this

Site, such as registration for hitting or pitching instruction and use of its message boards,

discussion boards, and other public forums. If you register, you agree to provide Pro Speed Baseball with accurate, truthful, complete, and updated registration information. Failure

to do so will constitute a breach of these Terms and Conditions of Use, which may result

in immediate suspension or termination of your account. Failure to provide accurate,

truthful, complete, and updated registration information for certain events or features

may also lead to your disqualification, expulsion or denial from such events or features.

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if

that age is greater than 18 years of age, to register for any function, service, or portion

of this Site which requires such registration. If you are under the age of 18 or the

applicable legal age in your jurisdiction, you can use such functions or services only in

conjunction with, and under the supervision of, your parent or guardian who has agreed

Terms & Conditions of Use of prospeedbaseball.com

to these Terms and Conditions of Use. By using this Site and any services provided

therein, you represent and warrant that you have the right, authority, and capacity to

enter into these Terms and Conditions of Use and to abide by all of the terms and

conditions set forth herein.

III. Passwords

When you are required to open an account to use or access this Site or any of its features

or services, you may also be asked to provide a username and password. You are

entirely responsible for maintaining the confidentiality of your password. You may not

use the account, username, or password of someone else at any time. You agree to notify

Pro Speed Baseball immediately of any unauthorized use of your account, user name, or

password (collectively, a "User ID"). Pro Speed Baseball will not be liable for any loss that

you incur as a result of someone else using your password, either with or without your

knowledge. You may be held liable for any losses incurred by Pro Speed Baseball , its

subsidiaries, entities owned, related to or controlled by Pro Speed Baseball , officers,

directors, employees, consultants, staff, agents, and representatives due to someone

else's use of your account or password. Pro Speed Baseball reserves the right to refuse

registration of, or cancel a User ID, in its sole discretion.

IV. Medical Disclaimer

You expressly acknowledge and agree that Pro Speed Baseball and this Site do not

provide medical advice and are not a substitute for professional medical diagnosis,

treatment or advice or a medical examination. The content of this Site may contain

general information relating to certain medical conditions and their treatment. Such

information is provided for informational purposes only and is not intended to replace or

substitute for advice provided by a physician or other medical provider. You should not

use the information provided on this Site for diagnosing a health problem or disease.

Prior to participating in any program, activity, exercise, diet, or use of any product,

program, workout, exercise or treatment discussed on this Site, you should seek the

advice of your physician and other qualified health-care professionals. You understand

that the exercises and programs discussed on this Site can be strenuous and should be

scaled or done in moderation. There is an inherent risk in any exercise that, while

providing some health benefits, it can also cause unknown health issues. Application or

reliance on the techniques, advice, ideas, and suggestions of any person associated with

Pro Speed Baseball or this Site are at your sole discretion and risk.

V. Use of Site; Limited License

All content on this Site and otherwise available through this Site, including designs,

logos, artwork, text, graphics, images, data, information, software, music, sounds,

Terms & Conditions of Use of prospeedbaseball.com

interactive features, video, audio and other files, and their selection and arrangement, is

owned by Pro Speed Baseball or its licensors. No Site content may be modified,

distributed, framed, copied, reproduced, republished, downloaded, scraped, displayed,

posted, transmitted, or sold in any form or by any means, in whole or in part, other than

as expressly permitted in these Terms and Conditions of Use or as expressly authorized in

writing by Pro Speed Baseball. Authorized users may access and use this Site and this

Site's content and download or print a reasonable number of copies of portions of this

Site content to which the user has properly gained access solely for the user's personal,

non-commercial use (unless otherwise expressly authorized in writing by Pro Speed Baseball ),

provided that the user maintains all copyright or other proprietary notices on

all copies of such Site content. You may not publish or otherwise distribute Site content,

including via the Internet or any intranet or extranet site, or incorporate this Site content

in any other database or compilation. You may not use any data mining, robots, scraping

or similar data gathering or extraction methods to obtain Site content. Any use of this

Site or this Site's content other than as specifically authorized herein is prohibited and

will automatically terminate your rights with respect to use of this Site and this Site's

content granted herein. All rights of Pro Speed Baseball or its licensors that are not

expressly granted in these Terms and Conditions of Use are reserved to Pro Speed Baseball

and its licensors.

VI. Links to and from this Site

Unless otherwise notified by us, you are free to link to this Site so long as you make it

clear that (a) the linked content belongs to Pro Speed Baseball; (b) such content is not

your own; and (c) the originating website makes no claim of owning, being related to or

owned or controlled by, being under common control with, or sanctioned by, approved

by, or endorsed by, Pro Speed Baseball .

This Site may contain links or references to other websites maintained by third parties

over whom we have no control. Such links are provided merely as a convenience. Such

third party sites and third party content are not investigated, monitored or checked for

accuracy, appropriateness, or completeness by us, and we are not responsible for any

third party sites accessed through this Site or any third party content posted on or

available through this Site, including the content, accuracy, offensiveness, opinions,

reliability, privacy practices or other policies of or contained in the third party sites or

the third party content. Inclusion of, linking to or permitting the use of any third party

site or any third party content does not imply approval or endorsement thereof by

Pro Speed Baseball. If you decide to leave this Site and access the third party sites or to

access or use any third party content, you do so at your own risk and you should be

aware that our terms and policies no longer govern. You should review the applicable

Terms & Conditions of Use of prospeedbaseball.com

terms and policies, including privacy and data gathering practices, of any site to which

you navigate from this Site or relating to any applications you use or install from this

Site.

VII. Submissions

Pro Speed Baseball welcomes your participation and contributions to its online forums

and discussions, including your feedback and comments on your experiences with the

Pro Speed Baseball program, and Pro Speed Baseball's events, activities, products,

publications, seminars, and training methods. But Pro Speed Baseball's policy is not to,

and neither Pro Speed Baseball nor any of its employees will, accept or consider

unsolicited ideas, suggestions and other material. This is to avoid the possibility of future

misunderstandings arising if Pro Speed Baseball develops or implements or uses a

product, service, feature, method, software, application or tool that seems to be similar

to your own ideas or creative work. If you do submit any feedback, comments, ideas,

suggestions or material (collectively, "Submissions") to Pro Speed Baseball, including any

Submissions that we have asked you not to submit to us, then regardless of what your

Submission and any accompanying correspondence might say, by submitting your

Submission you acknowledge and agree that:

1. At the moment you submit your Submission to Pro Speed Baseball , you are

automatically and irrevocably assigning your Submission and all rights to it to

Pro Speed Baseball, and Pro Speed Baseball will have no obligations to you in

relation to your Submission;

2. In the event that your Submission is not assignable, Pro Speed Baseball will be

irrevocably entitled to, throughout the world and in perpetuity, reproduce,

publish, distribute, prepare derivative works from, display, perform, modify,

adapt, broadcast, license, sell, translate, and otherwise use, any Submission for

any purpose whatsoever, commercial or otherwise, in any medium now known or

hereafter devised, without compensation or credit to you, including sublicensing

any third party to do any of the foregoing. To the extent permitted by applicable

laws, you also give up any claim that any use by Pro Speed Baseball and/or its

licensee(s) of any Submission violates any of your rights, including but not limited

to moral rights, privacy rights, rights to publicity, proprietary, statutory or other

rights, and/or rights to credit for the material or ideas set forth therein;

3. Your Submission will not contain any proprietary or confidential information;

4. Pro Speed Baseball is under no obligation to keep your Submission confidential or

to otherwise protect your Submission; and

5. Pro Speed Baseball may already be considering or developing a similar idea,

program, product, service, feature, movement, workout, software, application or

tool.

Terms & Conditions of Use of prospeedbaseball.com

VIII. Software And Applications Available On This Site

Any software or application that is made available via this Site ("Software") is the

copyrighted work of Pro Speed Baseball and/or third party providers or other suppliers of

Pro Speed Baseball. Use of the Software is governed by the terms of the end-user license

agreement, if any, which accompanies or is included with the Software ("License

Agreement"). End users will not install or use any Software that is accompanied by or

includes a License Agreement unless the end user first agrees to the License Agreement

terms, and shall not circumvent or attempt to circumvent any click-through consents

required to install or use any Software. For any Software not accompanied by a License

Agreement, the following will constitute the License Agreement:

Pro Speed Baseball hereby grants to you, the user, a personal, non-transferable

license during the term of this license agreement to use this software for its

intended purpose in accordance with this license agreement, and for no other

purpose. Please note that this software is owned by Pro Speed Baseball and/or

third party providers or other suppliers of Pro Speed Baseball and is protected by

redistribution of this software is expressly prohibited by law, and may result in

severe civil and criminal penalties. Violators will be prosecuted to the maximum

extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE

MADE AVAILABLE VIA THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER

REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE

SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN THE

APPLICABLE LICENSE AGREEMENT ENTERED INTO BY YOU IN CONNECTION WITH YOUR

PURCHASE OR USE OF THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE

TERMS OF SUCH LICENSE AGREEMENT AND THESE TERMS AND CONDITIONS OF USE, THE

LICENSE AGREEMENT WILL CONTROL WITH RESPECT TO THE SOFTWARE ONLY. THE

SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE

APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,

AND SUBJECT TO THE "NO WARRANTIES" SECTION OF THESE TERMS AND CONDITIONS OF

USE, PRO SPEED BASEBALL ANDPRO SPEED BASEBALL'S THIRD PARTY PROVIDERS AND

SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE

SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Terms & Conditions of Use of prospeedbaseball.com

IX. User Content

You grant Pro Speed Baseball a license to use any materials that you submit, display,

transmit, upload or post to this Site. By submitting, posting, uploading, displaying,

performing, transmitting, or otherwise distributing information, videos, pictures,

graphics, audio, music and sound, text, data, communications or other content ("User

Content"), to this Site, you authorize Pro Speed Baseball to treat any User Content as nonconfidential

and non-proprietary, and grant Pro Speed Baseball , its subsidiaries, entities

owned, related to or controlled by Pro Speed Baseball , officers, directors, employees,

staff, consultants, agents, and representatives a nonexclusive, worldwide, perpetual,

irrevocable, royalty-free, fully-paid, sublicenseable and freely transferable right and

license to reproduce, publish, distribute, prepare derivative works from, display, perform,

modify, adapt, broadcast, license, sell, translate, and otherwise use User Content, in

whole or in part, in connection with the operation, promotion, marketing, and

advertising of the business, products, programs, events, competitions and services of

Pro Speed Baseball, including the exploitation thereof, in each case in any media formats

and through any means or methods whether now known or hereafter discovered.

You agree that Pro Speed Baseball may so exploit your User Content without

compensation or credit to you, including by sublicensing any third party to do any of the

foregoing. To the extent permitted by applicable laws, you also give up any claim that any

use by Pro Speed Baseball and/or its third party providers or sublicensees of any User

Content violates any of your rights, including but not limited to moral rights, privacy

rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for

the material or ideas set forth therein. You agree that Pro Speed Baseball may publish or

otherwise disclose your name in connection with your User Content. By posting User

Content on this Site, you warrant and represent that you own the rights to the User

Content or are otherwise authorized to post, upload, distribute, display, perform,

transmit, or otherwise use User Content, and to license and permit Pro Speed Baseball to

exploit the User Content as described above, and that Pro Speed Baseball's exploitation of

the User Content as described above will not violate any rights of or require any

compensation to any third party.

You are solely responsible for the User Content, messages, notes, text, information,

listings, and any other content, material or data that you upload, publish or display on or

through this Site, or transmit to or share with others. You may not post, transmit, or

distribute User Content that you did not create or that you do not have permission to

post. You understand and agree that Pro Speed Baseball may, but is not obligated to,

review this Site and may delete or remove (without notice) any Site content or User

Terms & Conditions of Use of prospeedbaseball.com

Content in its sole discretion, for any reason or no reason, including User Content that

Pro Speed Baseball believes violates these Terms and Conditions of Use. Pro Speed Baseball

has no backup or storage obligations regarding User Content.

Pro Speed Baseball does not verify the accuracy or authenticity of any User Content, and

makes no representations or warranties with respect to any User Content. Pro Speed Baseball

makes no representations concerning and is under no obligation to prevent,

the downloading, distribution, linking to, or re-posting of your User Content by third

parties. You expressly waive any and all claims you may have against Pro Speed Baseball

and release Pro Speed Baseball from any and all liability arising from or related to the

User Content, including any exploitation of the User Content by a third party, whether or

not authorized by Pro Speed Baseball.

X. Reporting Violations of Your Copyrights

If you are a copyright owner, or an agent thereof, and believe that any of the content on

this Site infringes upon your copyrights, pursuant to the Digital Millennium Copyright Act

(the "DMCA"), you may submit a notification by providing our Copyright Agent with the

following information:

A physical or electronic signature of the copyright owner (or someone authorized

to act on behalf of the owner);

Identification of the copyrighted work claimed to have been infringed, or, if

multiple copyrighted works are covered by a single notification, a representative

list of such works;

Identification of the material that is claimed to be infringing or to be the subject

of infringing activity and that is to be removed or access to which is to be disabled

and information reasonably sufficient to permit Pro Speed Baseball to locate the

material;

Information reasonably sufficient to permit Pro Speed Baseball to contact you,

such as an address, telephone number, and, if available, an electronic mail

address;

A statement that you have a good faith belief that use of the material in the

manner complained of is not authorized by the copyright owner, its agent, or the

law; and

A statement by you that the information in the notification is accurate, and under

penalty of perjury, that you are authorized to act on behalf of the owner of the

right that is allegedly infringed.

You acknowledge that if you fail to comply with the procedures provided in this

subsection for reporting a claimed copyright infringement, your notice may not be valid

under the DMCA. See 17 U.S.C. 512(c)(3) for further details.

Terms & Conditions of Use of prospeedbaseball.com

If you believe that your content that was removed (or access was disabled to) is not

infringing, or that you have authorization from the rightful copyright owner, the

material in your posted content, you may send a counter-notice containing the following

information to the Copyright Agent:

Your physical or electronic signature;

Identification or description of the material that has been removed or to which

access has been disabled and the original location where the material appeared

before it was removed or disabled;

A statement by you, made under penalty of perjury, that you have a good faith

belief that the material was removed or disabled as a result of mistake or a

misidentification of the material removed or disabled; and

Your name, address, telephone number, and e-mail address, a statement that you

consent to the jurisdiction of the U.S. District Court for the Southern District of

California, and a statement that you will accept service of process from the

person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Pro Speed Baseball may send a

copy of the counter-notice to the original complaining party informing that person that it

may replace the removed material or cease disabling it in 10 business days. Unless the

member or user, the removed material may be replaced, or access to it restored, in 10 to

14 business days or more after receipt of the counter-notice, at Pro Speed Baseball's sole

discretion. See 17 U.S.C. 512(g)(3) for further details.

Our designated Copyright Agent (the "Copyright Agent") will receive notifications of

claimed infringement and counter-notices at 911 East Jefferson Street, Charlottesville VA

22902 or via email at legal@prospeedbaseball.com. This e-mail address is intended solely

for the receipt of legal "Notifications of Claimed Infringement" under the DMCA. It is not

intended for general inquiries and permission requests concerning the use of Pro Speed Baseball content.

XI. Trademarks

"Pro Speed Baseball ", Pro Speed Baseball Hitting, Pro Speed Baseball Pitching, the Pro Speed Baseball logos, and other Pro Speed Baseball graphics, logos, slogans, tag lines, designs,

page headers, button icons, scripts and service names are the trademarks, trademarks or

trade dress of Pro Speed Baseball in the U.S. and other countries. Unless expressly

authorized by Pro Speed Baseball in writing, you may not use Pro Speed Baseball

trademarks and trade dress, 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

Terms & Conditions of Use of prospeedbaseball.com

confusion or create the impression that Pro Speed Baseball endorses any product or

service. You may not reproduce or use Pro Speed Baseball's trademarks or trade dress

without the prior written permission of Pro Speed Baseball.

XII. Copyright and Content

The contents of this Site are protected by copyright under United States and foreign laws.

Title to the content of this Site remains with Pro Speed Baseball or its licensors. Any use

of such content not expressly permitted by these Terms and Conditions of Use is a breach

of these Terms and Conditions of Use and may violate copyright, trademark and other

laws. Content and features are subject to change or termination without notice in the

editorial discretion of Pro Speed Baseball . All rights not expressly granted herein are

reserved to Pro Speed Baseball and its licensors.

XIII. Use of Public Forums and Inappropriate Content

Pro Speed Baseball offers and maintains certain discussion boards, user forums and other

places where the Pro Speed Baseball user community can post questions and share

information, ideas, training methods or advice. You agree that you will not upload or

transmit any User Content of any type to any Public Forums of this Site (including,

without limitation, message boards, blogs, vlogs, bulletin boards, list serves, wiki's or

other open forums made available though our Site) (a "Public Forum") that infringe or

violate any rights of any party. By submitting any User Content to the Public Forums, you

agree that such User Content is non-confidential for all purposes. If you use a Public

Forum on this Site, you are solely responsible for your own communications, the

consequences of posting those communications, and your reliance on any

communications found on our Site. Pro Speed Baseball and any party involved in creating,

producing, delivering or maintaining this Site are not responsible for the consequences

of any communications in the Public Forums. In cases where you feel threatened or

believe someone else is in danger, you should contact your local law enforcement agency

and Pro Speed Baseball immediately.

You agree not to (including not facilitating or assisting), directly or indirectly, upload,

download, link, stream, display, perform, transmit, or otherwise distribute any content

that (a) is libelous, defamatory, obscene, pornographic, abusive, threatening, unlawful,

fraudulent, harmful, harassing, tortious, vulgar, that may be invasive or violative of

another's right of privacy or publicity, hateful, racially, ethnically or otherwise

objectionable; (b) advocates or encourages conduct that could constitute a criminal

offense, give rise to civil liability, or otherwise violate any applicable local, state,

provincial, national or foreign law or regulation; (c) advertises or otherwise solicits funds

or is a solicitation for goods or services; (d) distributes or facilitates the distribution of

Terms & Conditions of Use of prospeedbaseball.com

viruses, corrupted data, trojan horses, bots, keystroke loggers, worms, time bombs,

cancelbots or other computer programming routines or computer code that are intended

to and/or actually damage, detrimentally interfere with, surreptitiously intercept or

mine, scrape or expropriate any system, data or personal information; (e) adversely

affects the availability of Site resources to other users (e.g., excessive shouting (use of all

caps), flooding (continuous posting of repetitive text) or excessively large embedded

images); (f) solicits or disseminates surveys (other than any such functionality expressly

provided for by the Public Forum that otherwise complies with these Terms and

Conditions of Use), contests, pyramid schemes, chain letters, junk mail, spam, or

unsolicited messages; or (f) creates a false identity for the purpose of misleading others;

(g) transmits or facilitates the transmission of any content to an e-mail address,

messenger-feature address or other location that is not yours or to which you do not

have the expressly authorized right to use without securing the prior authorization of the

owner or licensor of such other address or other location; and (h) transmits or facilitates

the transmission of any User Content that infringes any patent, trademark, trade secret,

of any party.

Pro Speed Baseball reserves the right to terminate your receipt, transmission, or other

distribution of any such material using this Site, and, if applicable, to delete any such

material from its servers as well as to take any other action required or permitted under

any applicable laws. Pro Speed Baseball intends to cooperate fully with any law

enforcement officials or agencies in the investigation of any violation of these Terms and

Conditions of Use or any applicable laws.

XIV. Other Prohibited Uses

You are prohibited from violating or attempting to violate, and agree not to violate or

attempt to violate, any security features of this Site, including, without limitation, (a)

accessing content or data not intended for you, or logging onto a server or account that

you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability

of this Site, or any associated system or network, or to breach security or authentication

measures without proper authorization; (c) interfering or attempting to interfere with

service to any user, host or network; (d) using this Site to send unsolicited e-mail or other

communications, including, without limitation, promotions, or advertisements for

products or services; and (e) attempting to modify, reverse-engineer, decompile,

disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any

of the source code used by Pro Speed Baseball in providing this Site. Any violation of

system or network security may subject you to civil and/or criminal liability.

Terms & Conditions of Use of prospeedbaseball.com

XV. Alleged Violations (Termination)

Pro Speed Baseball reserves the right to suspend or terminate your use of this Site. To

ensure that Pro Speed Baseball provides a high quality experience for you and other uses

of this Site, you agree that Pro Speed Baseball or its representatives may access your

account and records on a case-by-case basis to investigate complaints or allegations of

abuse, infringement of third party rights, or other unauthorized uses of this Site.

Pro Speed Baseball does not intend to disclose the existence or occurrence of such an

investigation unless required by law, but Pro Speed Baseball reserves the right to suspend

or terminate your account or your access to this Site immediately, with or without notice

to you, and without liability to you, if Pro Speed Baseball believes that you have violated

any of the Terms and Conditions of Use, furnished Pro Speed Baseball with false or

misleading information, or interfered with the use of this Site by others.

XVI. No License

Nothing contained on this Site should be understood as granting you a license to use any

of the trademarks, service marks, or logos owned or licensed by Pro Speed Baseball or by

any third party.

XVII. No Warranties

PRO SPEED BASEBALL AND PRO SPEED BASEBALL'S RELATED ENTITIES AND

SUBSIDIARIES, INCLUDING ENTITIES IT OWNS, CONTROLS OR IS UNDER COMMON

CONTROL WITH, PRO SPEED BASEBALL'S THIRD PARTY PROVIDERS, ANY PERSON OR

ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR

SERVICES CONTAINED ON THE SITE, AND ANY OF THEIR RESPECTIVE DIRECTORS,

OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, CONTRACTORS OR AGENTS

(COLLECTIVELY, THE "PRO SPEED BASEBALL PARTIES") HEREBY DISCLAIM ALL

REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE PRO SPEED BASEBALL PARTIES

ARE MAKING THIS SITE AVAILABLE "AS IS" AND WITHOUT WARRANTY OF ANY KIND. YOU

ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO

USE, THIS SITE, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR DEATH AS WELL

AS DAMAGES TO PERSONAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW,

THE PRO SPEED BASEBALL PARTIES EXPRESSLY DISCLAIM ANY AND ALL

REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING

THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE

PRO SPEED BASEBALL PARTIES DO NOT WARRANT THAT THIS SITE WILL MEET YOUR

REQUIREMENTS OR THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED,

SECURE, BUG-FREE OR ERROR-FREE; NOR DO THE PRO SPEED BASEBALL PARTIES MAKE

Terms & Conditions of Use of prospeedbaseball.com

ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR

AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION,

SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.

SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND

EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS "NO WARRANTIES"

SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF

PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN

OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,

THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF

THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR

UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT WILL THE PRO SPEED BASEBALL PARTIES BE LIABLE FOR: (A) ANY DIRECT,

INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR

RELATED TO (I) THE USE OF OR INABILITY TO USE THIS SITE, (II) THE BREACH OF ANY

REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THIS SITE OR ANY BROWSER

OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY

SOFTWARE OWNED OR OPERATED BY PRO SPEED BASEBALL OR ANY THIRD PARTY, IN

CONNECTION WITH THIS SITE; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS SITE, EVEN IF THE

PRO SPEED BASEBALL PARTIES WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES.

WITH RESPECT TO ANY CONTEST OR COMPETITION OPERATED, HOSTED OR ORGANIZED

BY PRO SPEED BASEBALL THAT MAY BE ACCESSIBLE FROM, OR REQUIRE REGISTRATION

ON, THIS SITE, EACH REGISTRANT OR PARTICPANT AGREES TO BE BOUND BY PRO SPEED

BASEBALL RULES AND POLICIES AND THE DECISIONS OF PRO SPEED BASEBALL , WHICH

SHALL BE FINAL. PRO SPEED BASEBALL RESERVES THE RIGHT TO DISQUALIFY ANY

PERSON, ENTRY, OR E-MAIL ADDRESS THAT PRO SPEED BASEBALL DETERMINES TO BE IN

VIOLATION OF ANY TERM CONTAINED IN PRO SPEED BASEBALL'S RULES OR POLICIES OR

THESE TERMS AND CONDITIONS OF USE. PRO SPEED BASEBALL IS NOT RESPONSIBLE FOR

AND SHALL NOT BE LIABLE FOR: (I) ANY ERRORS IN COMPETITION-RELATED MATERIALS,

OR LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, STOLEN, INCOMPLETE, ILLEGIBLE,

UNINTELLIGIBLE OR POSTAGE-DUE ENTRIES (AS APPLICABLE), NOTICES, RELEASES,

FORMS, AFFIDAVITS, OR OTHER CORRESPONDENCE; (II) TELEPHONE, ELECTRONIC,

HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER

MALFUNCTIONS, FAILURES, INTERRUPTIONS OR DIFFICULTIES OF ANY KIND; (III) FAILED,

INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) ANY CONDITION

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CAUSED BY EVENTS BEYOND THE CONTROL OF PRO SPEED BASEBALL THAT MAY CAUSE

THE SITE, COMPETITION OR JUDGING TO BE DISRUPTED OR CORRUPTED; (V) ANY

INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR AS A

RESULT OF ANY PRIZE, OR ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE, OR FROM

PARTICIPATION IN THE COMPETITION OR ARISING FROM THE REGISTRANT'S OR

PARTICIPANT'S ACCESS TO AND USE OF THE SITE (AND ALL RELATED WEBSITES,

INCLUDING PROSPEEDBASEBALL.COM), INCLUDING WITHOUT LIMITATION,

PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY

RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, TO THE EXTENT PERMITTED BY LAW; OR

(VI) ANY ERRORS IN ANY MATERIALS ASSOCIATED WITH THE COMPETITION. PRO SPEED

BASEBALL RESERVES THE RIGHT TO CANCEL, SUSPEND AND/OR MODIFY THE

COMPETITION IF ANY PROBLEM CORRUPTS THE ADMINISTRATION, SECURITY, OR

OPERATION OF THE COMPETITION, AS DETERMINED BY PRO SPEED BASEBALL IN ITS SOLE

DISCRETION. PRO SPEED BASEBALL RESERVES THE RIGHT IN ITS SOLE DISCRETION TO

DISQUALIFY ANY INDIVIDUAL IT FINDS TO BE TAMPERING WITH THE ENTRY,

REGISTRATION, SUBMISSION OR VOTING PROCESS OR THE OPERATION OF THE

COMPETITION OR TO BE ACTING IN VIOLATION OF PRO SPEED BASEBALL'S RULES OR IN

AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER. ANY ATTEMPT BY ANY PERSON TO

UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF

CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, PRO SPEED BASEBALL

RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE

FULLEST EXTENT PERMITTED BY LAW. PRO SPEED BASEBALL'S FAILURE TO ENFORCE ANY

TERM OF PRO SPEED BASEBALL'S RULES SHALL NOT CONSTITUTE A WAIVER OF THAT

PROVISION.

IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY

PRO SPEED BASEBALL PURSUANT TO THESE TERMS AND CONDITIONS OF USE, OR IN ANY

OTHER WAY CONCERNING THIS SITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH

YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF

THIS SITE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR

IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN

TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES

OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY,

CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND

THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE

SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE

LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS "NO WARRANTIES" SECTION MAY NOT

Terms & Conditions of Use of prospeedbaseball.com

APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF

PRO SPEED BASEBALL IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY

MINIMIZING THE LIABILITY OF THE PRO SPEED BASEBALL PARTIES TO YOU TO THE

LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF

ANY OTHER LIMITATION SET FORTH IN THESE TERMS AND CONDITIONS OF USE.

THE PRO SPEED BASEBALL PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR

THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY

LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ABUSIVE, THREATENING,

UNLAWFUL, FRAUDULENT, HARMFUL, HARASSING, TORTIOUS, VULGAR, HATEFUL,

RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE OR OFFENSIVE POSTING OR

CONDUCT, ON THIS SITE BY ANYONE OTHER THAN AUTHORIZED PRO SPEED BASEBALL

EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES

WILL THE PRO SPEED BASEBALL PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED

BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR

RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY

INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS SITE.

PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE

EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

PRO SPEED BASEBALL DOES NOT ENDORSE, WARRANT OR GUARANTY ANY PRODUCT ORba

SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND PRO SPEED BASEBALL

WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU

AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A

PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD

USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Some jurisdictions may not allow disclaimers of implied warranties and the above

disclaimer may not apply to you only as it relates to implied warranties. In such

jurisdictions, the above disclaimer will have the greatest extent permitted by applicable

law.

XVIII. Accuracy & Completeness

Due to constant advances in technology, training methods, and medicine, the possibility

of typographical error, unexpected scheduling changes of meetings, events, contests, and

educational opportunities posted on this Site, and the wide variety of authors

contributing to this Site, readers are encouraged to confirm the information contained

herein with other sources. Corrections and additions will be made only as allowed by the

availability of time and resources. The accuracy and timeliness of the information on this

Site cannot be guaranteed.

Terms & Conditions of Use of prospeedbaseball.com

YOU ACKNOWLEDGE AND AGREE THAT PRO SPEED BASEBALL DOES NOT, AS A PRACTICE,

MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON THIS SITE, NOR WILL WE HAVE

ANY OBLIGATION OR LIABILITY TO DO SO. ALTHOUGH CARE HAS BEEN TAKEN IN

PREPARING THE CONTENT, ALL INFORMATION, SERVICES AND CONTENT THAT IS

PROVIDED HERE OR COULD BE REACHED BY USING THIS SITE AS A STARTING POINT IS

PROVIDED TO YOU "AS-IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT

ACCESS TO AND USE OF THIS SITE AND THE INFORMATION, SERVICES AND CONTENT

AVAILABLE THEREON IS AT YOUR OWN RISK. NEITHER PRO SPEED BASEBALL NOR ANY

AUTHOR OR SUPPLIER CONTRIBUTING TO THIS SITE IS RESPONSIBLE FOR ANY ERRORS

OR OMISSIONS IN ANY INFORMATION PROVIDED OR THE RESULTS OBTAINED FROM THE

USE OF SUCH INFORMATION, SERVICES OR CONTENT.

XIX. Limited Liability

NEITHER PRO SPEED BASEBALL, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING,

DELIVERING OR MAINTAINING THIS SITE AND ANY CONTENT THEREON SHALL BE LIABLE

FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL,

CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO

ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR ANY INFORMATION, SERVICES OR

CONTENT OR SERVICES AVAILABLE THEREON OR WHICH CAN BE REACHED BY USING THIS

SITE AS A STARTING POINT, OR ANY ERRORS OR OMISSIONS IN THE INFORMATION,

SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT,

OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRO SPEED BASEBALL , ANY

PARTICIPATING ORGANIZATION OR ANY PARTY INVOLVED IN CREATING, PRODUCING,

DELIVERING OR MAINTAINING THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT

THEREON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION

INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AS WELL AS

DAMAGES TO PERSONAL PROPERTY.

XX. Indemnification

You agree to defend, indemnify and hold harmless Pro Speed Baseball and any other

party involved in creating, producing, delivering or maintaining this Site and each of their

respective officers, directors, employees, staff, agents, licensors, suppliers and third

party partners from and against all losses, expenses, damages and costs, including

without limitation, reasonable attorney and accounting fees, resulting from your

violation of these Terms and Conditions of Use, the breach by you of any representations,

warranties and/or covenants contained herein or your use of this Site.

Terms & Conditions of Use of prospeedbaseball.com

XXI. Taxes

You may be required to report as taxable income the value of any prizes received by you.

To collect a prize, you will be required to provide a valid Social Security number or other

tax identification number and any other information reasonably required by Pro Speed Baseball.

You acknowledge and agree that any such taxes shall be your sole

responsibility. Pro Speed Baseball and/or any sponsor who provides a particular prize

may report the value of the prize to local, state, provincial, national or foreign taxing

authorities.

XXII. Governing Law; Venue and Jurisdiction

The Terms and Conditions of Use are governed by the internal and substantive laws of

the State of North Carolina without respect to its conflict of laws principles.

You expressly agree that exclusive jurisdiction for any dispute with Pro Speed Baseball, or

in any way relating to your use of this Site, resides in the courts of the State of North

Carolina and you further agree and expressly consent to the exercise of personal

jurisdiction by the courts of the State of North Carolina in connection with any such

dispute including any claim involving Pro Speed Baseball or its affiliates, subsidiaries,

employees, contractors, officers, directors, telecommunication providers, content

provides and any other party involved in creating, producing, delivering or maintaining

this Site.

This Site is controlled and operated by Pro Speed Baseballfrom its offices within the State

of North Carolina, United States of America. Pro Speed Baseball makes no representation

that materials on or linked to from this Site are appropriate or available for use in other

locations. Those who choose to access this Site from other locations do so on their own

initiative and are responsible for compliance with local laws, if and to the extent local

laws are applicable. Software from this Site is further subject to United States export

controls. No Software from this Site may be downloaded or otherwise exported or reexported

(i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or

any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.

Treasury Department's list of Specially Designated Nationals or the U.S. Commerce

Department's Table of Deny Orders. By downloading or using the Software, you represent

and warrant that you are not located in, under the control of, or a national or resident of

any such country or on any such list.

XXIII. Severability/Waiver

If any provision of these Terms and Conditions of Use is found to be invalid by any court

Terms & Conditions of Use of prospeedbaseball.com

having competent jurisdiction, the invalidity of such provision will not affect the validity

of the remaining provisions of these Terms and Conditions of Use, which will remain in

full force and effect. The section headings used herein are for convenience only and will

not affect the interpretation of these Terms and Conditions of Use.

Our failure to exercise any right or remedy available upon your breach of these Terms

and Conditions of Use or the failure by us to demand the prompt performance of any

obligation hereunder, will not be deemed a waiver of (a) our rights or remedies, (b) the

requirement of punctual performance or (c) any right or remedy in connection with a

subsequent breach or default on your party. No waiver of any of these Terms and

Conditions of Use will be deemed a further or continuing waiver of such terms and

condition or any other term or condition.

XXIV. Modifications

Pro Speed Baseball may, in its sole discretion and without prior notice, (a) revise these

Terms and Conditions of Use; (b) modify this Site, including the Privacy Policy; or (c)

discontinue this Site (in whole or in part) at any time. Pro Speed Baseball shall post any

revision to these Terms and Conditions of Use to this Site, and the revision shall be

effective immediately on such posting. You agree to review these Terms and Conditions

of Use and other online policies posted on this Site periodically to be aware of any

revisions. You agree that, by continuing to use or access this Site following notice of any

revision or the posting of any revision, you shall abide by any such revision.

XXV. Assignment

We may assign these Terms and Conditions of Use with or without notice to one or more

third parties.

XXVI. Complete Agreement

Except as expressly provided in any particular "legal notice" or end user software license

agreement found on this Site, these Terms and Conditions of Use and our Privacy Policy

constitute the entire agreement between you and Pro Speed Baseball with respect to the

use of this Site and the content therein.

XXVII. Our Address

Pro Speed Baseball

Date of these Terms and Conditions of Use: January 14, 2013