E-commerce Terms & Conditions
By visiting ANDY POWERS TEXAS PITCHING INSTITUTE, LLC (www.TexasPitchingInstitute.com) you agree to the following terms and conditions. Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.
This website is provided by ANDREW POWERS, President. By using this Website or by placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, will you be entitled to submit electronic orders. Any violation of the terms and conditions will result in termination of your account.
Childrens Online Privacy Protection Act.
This website is not intended for persons under 18 years of age, unless they are supervised by a parent or legal guardian. All transactions on this website must be approved by a parent or legal guardian or a person which is 18 years of age or older.
Children under the age of 13 are not eligible to use services that require submission of personal information and should not submit any personal information to us. This includes submitting personal information to the website as part of a user profile or personalization profile. If you are a child under the age of 13, you can use these services only if used together with your parents or guardians. Seek guidance from your parents or guardians if you are under the age of 13.
If we decide to begin collecting personal information from children under the age of 13, we will notify parents that it is being requested, disclose the reasons for collecting it, and disclose our intended use of it. We will seek verifiable parental consent before collecting any personally identifiable information. If we do collect such information, parents may request information on the type of data being collected, view their child's information, and, if they choose, prohibit us from making further use of their child's information. We will not provide personal information about children to third parties.
By registering with the Website you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.
You shall not do any of the following or permit any other third parties to do any of the following:
(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
(b) Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;
(c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder; or
(d) Account sharing, including, without limitation, letting third parties use your account and password.
Modification of these Terms & Conditions.
ANDY POWERS TEXAS PITCHING INSTITUTE, LLC reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.
You agree to pay the full price for all Products you purchase from www.TexasPitchingInstitute.com. We reserve the right to charge extra charges for your credit card or PayPal account for any products purchased from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card or PayPal account details for payment of all fees.
When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions.
Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.
Copyright and Licenses.
This Website and the entire contents contained on this Website, including but not limited to: text, graphics, logos, button icons, images, video content, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of ANDY POWERS TEXAS PITCHING INSTITUTE, LLC.
All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of ANDY POWERS TEXAS PITCHING INSTITUTE, LLC.
ANDY POWERS TEXAS PITCHING INSTITUTE, LLC grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of ANDY POWERS TEXAS PITCHING INSTITUTE, LLC. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of ANDY POWERS TEXAS PITCHING INSTITUTE, LLC. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
ANDY POWERS TEXAS PITCHING INSTITUTE, LLC authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.
Disclaimer of Warranty/Limitation of Liability.
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WWW.TEXASPITCHINGINSTITUTE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANDY POWERS TEXAS PITCHING INSTITUTE, LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ANDY POWERS TEXAS PITCHING INSTITUTE, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANDY POWERS TEXAS PITCHING INSTITUTE, LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANDY POWERS TEXAS PITCHING INSTITUTE, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WWW.TEXASPITCHINGINSTITUTE.COM USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. ANDY POWERS TEXAS PITCHING INSTITUTE, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, ANDY POWERS TEXAS PITCHING INSTITUTE, LLC SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.
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.
Third Party Links.
For your convenience ANDY POWERS TEXAS PITCHING INSTITUTE, LLC may provide links to third party websites operated by other entities on the Website. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
ANDY POWERS TEXAS PITCHING INSTITUTE, LLC does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that ANDY POWERS TEXAS PITCHING INSTITUTE, LLC sponsors, endorses, or is affiliated or associated with any linked third party websites.
By visiting the Website, you agree that the laws of the State of Texas, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and ANDY POWERS PERFORMANCE BASEBALL, LLC.
Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in El Paso County, Texas. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
You agree to indemnify, defend and hold harmless WWW.TEXASPITCHINGINSTITUTE.COM, its officers, managers, members, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the Website.
ANDY POWERS TEXAS PITCHING INSTITUTE, LLC's failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions.
ANDY POWERS TEXAS PITCHING INSTITUTE, LLC may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.