Terms of Service
Terms of Service
Trosky Baseball, LLC has diligently worked to design our website to be instructional, motivational and beneficial to development and growth in the game of baseball and life. We are striving for the best user experience possible which means that we will be constantly working to improve our platform. In utilizing our website, you must agree to abide by following Terms and Conditions. By using our site/software you automatically agree to them. If you don’t agree, do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! By using our site and software you are agreeing to our Terms and Conditions.
Restrictions on Use of Our Online Materials
All Online Materials on the site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by the site. You, the visitor, may download certain Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited. Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by the site or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
The services and products of Trosky Baseball are made available “as is,” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, non-infringement, or otherwise, all such warranties being expressly disclaimed. To the extent allowed by law, neither Trosky Baseball nor any of its service providers, information providers, licensors, employees, officers, directors, members, assignees, or agents shall have any liability for incidental, consequential, indirect, exemplary, punitive, or special damages suffered by you or any other party arising out of or related to your use of the Trosky Baseball website, published programs, videos, services or products, or your purchase of services or products from Trosky Baseball via the website or otherwise.
Limitation of Liability
THIS SITE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
* USE OF (OR INABILITY TO USE) THE SITE OR OUR ONLINE MATERIALS
* USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
* FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
* ERROR ON OUR SITE
* OMISSION ON OUR SITE
* INTERRUPTION OF AVAILABILITY OF OUR SITE
* DEFECT ON OUR SITE
* DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
* COMPUTER VIRUS OR LINE FAILURE
* PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
• DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
• DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
• OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Trosky Baseball may provide sports training, wellness, physical training, fitness, nutrition and other related information, applications, and content. If so, then it is intended only to assist users in their personal training, wellness, physical fitness, nutrition and sports efforts. Trosky Baseball is not a medical organization and cannot – and does not – give you medical advice or a medical diagnosis. Nothing contained in the Trosky Baseball website or online services should be construed as medical advice or a medical diagnosis. Any information and reports generated by Trosky Baseball should not be interpreted as a substitute for physician consultation, evaluation, treatment, or good sense and personal judgment about one’s own condition.
Participating in any type of sports has inherent risk of injury. The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this website. Any text, pictures, and description set forth in this website or in other online or in-person services is for educational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques) and does not advise that you or any other website user undertake or perform any particular technique or exercise. You agree that you will not undertake or perform any exercise or technique described in this website or otherwise by Trosky Baseball until and unless you consult with and are cleared by a medical doctor in relation to such participation. All users of this website, online services and/or the other products and services of Trosky Baseball are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, or exercise regimen.
Links to Other Site
We sometimes provide referrals to and links to other World Wide websites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Trosky Baseball, LLC operated site or have moved to another site. Trosky Baseball, LLC. is not responsible for the content or practices of third party sites that may be linked to our site. When Trosky Baseball, LLC provides links or references to other websites, no inference or assumption should be made and no representation should be inferred that Trosky Baseball, LLC is connected with, operates or controls these websites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Trosky Baseball, LLC site or endorsement, sponsorship or support of Trosky Baseball, LLC, including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Trosky Baseball, LLC website, along with all related documentation and all copies and installations. Trosky Baseball, LLC may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our website, we do not in any way promise that the materials will remain available to you. And Trosky Baseball, LLC is entitled to terminate all or any part of any of its website without notice to you.
Jurisdiction and Other Points to Consider
To the extent you have in any manner violated or threatened to violate Trosky Baseball, LLC and/or its affiliates’ intellectual property rights, Trosky Baseball, LLC and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Wyoming, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Cheyenne County. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Cheyenne County., under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
All of our products are covered by a 30 Day No Questions Asked Money Back Guarantee. If the product does not live up to your expectations for any reason, simply go through the cancelation steps in your membership profile and we will promptly refund your entire payment with no questions asked. An email to support does not qualify as a refund request. Only requests made through your membership profile will qualify. Once a refund request is submitted, the funds will be returned to your account in less than 30 days (usually much sooner). And you access to the website and . All refunds will be returned to the original credit card or debit card account. You have thirty (30) days from the date of original purchase to return the product to receive your refund. Any refunds request after the thirty (30) day time limit will not be processed.
FTC Disclosure on Testimonials and Endorsements
Testimonials/endorsements on this web site may have received compensation, primarily in the form of free products. This sales page is sponsored and/or created or supported by a company, organization or group of organizations.