Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, enrolling in an online program and/or purchasing a digital product, service or membership, you signify your consent to these Terms of Service. If you do not agree to these Terms of Service, please do not use the website or enroll/purchase a digital product, program, membership or service.

This website is owned and operated by Pottie Training Inc. (the “Company”) dba Launch Baseball Academy, and is subject to the following terms and conditions (“Terms of Service”) and all applicable laws. Throughout the website, the terms “we”, “us” and “our” refer to Pottie Training Inc. (the “Website”). By visiting our Website and/ or purchasing something from us, you engage in our “Program” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/ or contributors of content.

GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence.

You agree that the Website itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Website by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Pottie Training Inc, (the “Company”) and are the property of the Company and/or its third party providers.

You agree not to reproduce, duplicate, copy, sell, share, redistribute, resell, exploit or post any portion of the Content, use of the Content, or access to the Content or any contact on the website through which the service is provided, without express written permission by us. A breach or violation of any of the Terms will result in an immediate termination of your Services and/or access to the membership site and course/program material. We reserve the right to refuse service to anyone for any reason at any time.

REGISTERED USERS

We provide Visitors and Registered Users with access to the Services as described below. Any individual who registers with us (each, a “Registered User”) and wishes to purchase a product or service through our Website, is agreeing to the Terms and Conditions of this Website.

Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.

Registered Users can do all the things that Visitors can do, and: (i) purchase digital products, programs and services through our Website; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Website; (iv) post comments and other content on the Website (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Launch Baseball Academy community.

(a) If you are a Registered User, you hereby represent, warrant, and covenant that:

– You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;

– Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and

– You shall not submit to the Website any Registered User Content that violates our Terms set forth in this Agreement.

(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Websites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

As noted above, the Website provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT POTTIE TRAINING INC., ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE, WEBINAR, VIRTUAL Q&A AND/OR SOCIAL MEDIA GROUP.

ACCOUNT CREATION

During the registration process for Registered Users, we will ask you to create an account, which includes your email address (“Username”), a password (“Password”) and/or credit card information if you are purchasing a product. When creating your account, you must provide true, accurate, current, and complete information. Each Username and corresponding Password can be used by only one Registered User, and sharing your access credentials with others is a breach of this Agreement which may result in account termination without warning or refund. You are solely responsible for the confidentiality and use of your Username and Password, as well as for any use, misuse, or communications entered through the Website using one or more of them. The Company reserves the right to delete or change your Password or deny access to the Program at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

EXPECTATIONS

Individuals who purchase any digital products, programs or services (collectively known as “Registered Users”) understand that they are 100% responsible for their own progress and results. Registered Users understand that they are the one element in which the Company has no control over and therefore the Registered User understands that their results are not guaranteed. Registered Users understand that nothing is guaranteed in sports, and that the Company will provide their best work possible, but at the end of the day, it’s up to you to do the work. You acknowledge that individual results may vary based on your personal efforts, as well as other external factors. The Company does not guarantee a particular outcome, and is not liable for any loss, damage or other expense which you may suffer as a result of using the Programs or Services of this Website.

The Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, the Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

As a Registered User, you abide by the following Terms:

– You will not upload, post, email, transmit, or otherwise make available any content that:

– infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

– is defamatory, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech; or

– discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.

– You will not threaten, or otherwise harass another person;

– You will not spam or use the Website and/or social media group to engage in any commercial activities;

– You will not access or use the Website or social media group to collect any market research for a competing business;

– You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

– You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means;

– You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website;

– You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;

– You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, including the private members area and Facebook group, without notice, and to remove any content that does not adhere to above Terms.

RELEASE OF LIABILITY

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT. BY AGREEING TO THE TERMS OF SERIVCE YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ THIS CAREFULLY.

In consideration of Mark Pottie, Natalie Pottie and Pottie Training Inc., doing business as “Launch Baseball Academy” ( collectively the “Company”), agreeing to yours or your child’s participation in the online programming offered by the Company, you hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I or my child has or may in the future have against the Company and DLL from and all liability for any loss, damage, expense or injury including death that I or my child may suffer, or that my next of kin may suffer as a result of yours or your child’s participation in the online program of the Company DUE TO ANY CAUSE WHATSOEVER, INCLUDING, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIER’S LIABILITY ACT RSBC 1996 c. 337, ON THE PART OF THE SERVICE PROVIDER, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE SERVICE PROVIDER TO SAFEGUARD OR PROTECT MY CHILD FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES PROVIDED BY THE SERVICE PROVIDER.
2. TO HOLD HARMLESS AND INDEMNIFY THE COMPANY and DLL from any and all liability for any property damage or personal injury to any third party resulting from yours or your child’s participation in the online program of the Service Provider and from any claim that may be made by or on behalf of you or your child as a result of your child’s death or incapacity.
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my child’s death or incapacity.
4. This Agreement shall be governed by and interpreted in accordance with the laws of British Columbia, Canada.
5. Any litigation involving the parties to this Agreement shall be brought within the Province of British Columbia.

In consideration for your being given access to the Website, you hereby release, waive, discharge and covenant not to sue the Company, subsidiaries, affiliates, successors, contractors, agents, representatives and/or employees from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any damage to your property or loss, damage or injury that you personally sustain, including death, whether caused by the negligence of the Company or its representatives or while participating in Company’s online Programs, using the Website content and/or attending or watching the replay of any online Q&A sessions. You hereby assume all risks to your property and your person and in no way will the Company be liable to you for damages or injuries you sustain.

ADVERTISED PRICES

All prices on this website are advertised in CAD (Canadian Dollars).

FEES AND PAYMENTS

You authorize the Company to charge your credit card or debit credit card through Stripe’s secure payment processing system. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Username or Password). You hereby authorize Pottie Training Inc to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal cards issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

Skipped or cancelled payments will result in an immediate removal from the Program and/or membership site until payment has been made or new payment arrangements have been mutually agreed upon between you and the Company. Time lost will not be made up.

You are responsible for full payment of fees for any Program, regardless of whether you complete the Program, are able to complete the Program, regardless of circumstance, and regardless of whether you have selected a lump sum or monthly payment plan.

ANNUAL ACCESS

If you purchase a program that has one year access, after the one year period your credit card will automatically charged for renewal. You can cancel your subscription at any time. You have 30 days after the renewal to cancel and receive a full refund for the renewal charge (please note: you will no longer have access to the program if you do not renew your subscription).

LIFETIME ACCESS

The term “lifetime” access does not mean that this website, course, digital product, or program will remain online indefinitely or is referring to your lifetime. If you purchase an online Program or product with “lifetime” access, it means as long as this website and/or program is running online, you’ll be able to access it.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery and account access information. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

PROGRAM DESCRIPTION

We try our best to describe and display the website Content as accurately as possible; however, please be advised that the Website may not be entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

PRIVATE SOCIAL MEDIA GROUPS

Any private social media groups are a complimentary, free of charge, bonus of the Program. Due to the use of third-party services, the Company does not guarantee that the social media group will remain open indefinitely. If a third-party changes its terms of service and the social media group is no longer a feasible option to offer, the customers of the Program will be notified via email of the group closer.

All content, including videos/live streams, images and discussions/comments will not be downloaded from the social media account.

Since any social media groups are NOT paid features of the Program, no refunds or compensation will be given if the group closes. There are also no guarantees that the community will be replaced with another platform. It will be up to the Company’s discretion at that time.

MATERIAL YOU SUBMIT TO THE WEBSITE, DURING AN ONLINE Q&A AND/OR SOCIAL MEDIA GROUPS

If you submit comments, testimonials or suggestions about the Website or Program to the Company, including, but not limited to, emails, text, drawings, images, designs or social media posts, you hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property.

OUR INTELLECTUAL PROPERTY

The Website and social media groups contain material, such as videos, manuals, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both Canadian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Website solely for your personal use only. Sharing of login information to access the members only content is not permitted. Individuals found in violation may have their membership access denied without refund. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Website or any Content, including any and all software, tools, graphic and/or sound files, for public or commercial purposes without the express written permission of the Company.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

REFUSAL OF SERVICES

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website and/or social media group, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. We may at any time change or discontinue any aspect or feature of the Website or Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

REFUNDS

All sales are final unless otherwise stated. There are no refunds under any circumstances for our digital courses, online workshops, digital downloads, digital products or online Programs.

THIRD PARTY RESOURCES

The Website and/or the digital Program may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Pottie Training Inc and/or launchbaseballacademy.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked external websites, you do so at your own risk.

AFFILIATE DISCLAIMER

This website contains affiliate links, which means that the Company may receive a small commission if you choose to purchase the product or service through the affiliate link. You will pay the same price for all products and services regardless if you purchase the product through the affiliate link or not.

CHANGE OF TERMS

Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. The Company reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

COMMUNICATION

All notices, requests and other communications under this Agreement shall be made in writing and emailed to hello@launchbaseballacademy.com.

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

By enrolling in a free or paid online Program or membership, downloading a freebie or joining a Wait list, you agree to sign up to our email list in order for us to contact you regarding the program and/or other services, workshops, webinars, social media live presentations or blog posts. If you wish to be removed from our email list, please click the “unsubscribe” link at the bottom of our emails.

INDEMNIFICATION

You shall indemnify and hold the Company harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Website or Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

BY OPTING INTO A FREE PROGRAM OR PRODUCT, OR BY ENROLLING AND/OR PURCHASING A DIGITAL PRODUCT, ONLINE PROGRAM, OR WORKSHOP (INCLUDING THE BETA VERSION) EITHER IN PARTIAL, IN FULL OR FREE OF CHARGE, YOU AGREE TO THE TERMS ABOVE.

Any questions about this agreement or website can be directed to: hello@launchbaseballacademy.com.

Launch Baseball Academy
2818 Main St., Suite 412
Vancouver, British Columbia
V5T 0C1
Canada

Last Updated: March 21, 2020.