XAPPOX LLC — Web Site Terms & Conditions
Thank you for visiting this Xappox LLC Web site. The site at www.pitch-x.com, www.xappox.com, and all other Web sites and mobile apps owned or operated by Xappox LLC, its subsidiaries, or affiliates collectively (including but not limited to the mobile app “Pitch X”) are referred to as the "Site." The following terms and conditions ("Terms and Conditions") govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and should leave the site and/or delete any mobile apps from devices you own.
1. Proprietary Rights.
Xappox LLC, its subsidiaries, or affiliates, (collectively referred to as "XAPPOX"), own or license the data, content, graphics, forms, artwork, and other material for this Site (the "Content"), as well as the selection, coordination, arrangement, and organization and enhancement of the Content (also, the "Content") for this Site. Except as indicated, this Site and Content are owned or licensed by XAPPOX, and are © 2000-2015 Xappox LLC or third party licensors. All rights reserved. Any use, reproduction, or distribution of this Site or Content without XAPPOX's advance written consent is prohibited, except, however, you may download one copy of these materials, and you may print one copy of these materials for your use in learning about, evaluating, or acquiring XAPPOX's or its licensees' or licensors' services or products, provided that you include a complete copy of this entire page. If you believe that XAPPOX or any user of this Site has infringed your copyright in any material way, please notify us at firstname.lastname@example.org.
2. Teachers and Search Engines.
Notwithstanding other terms of this agreement, we grant the right to teachers to print pages from the Site for distribution to students, provided that proper attribution is given to the URL on the Site where the material originated. We also grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials. Search engines are expected to follow the guidelines set forth in the robots.txt file that we provide. Except as specifically provided in this paragraph, you agree not to use or launch any automated system, including without limitation, robots, spiders, offline readers, or like devices, that accesses the Site in a manner which sends more request messages to the Site server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line Web browser to read, view, and submit materials. XAPPOX reserves the right to revoke the exceptions granted in this paragraph, either generally or in specific cases, as well as the right to deny service to any user found violating the provisions of this paragraph.
All trademarks, service marks, and logos that may appear on the Site (the "Marks") are proprietary to XAPPOX or its licensors, except as otherwise indicated herein. By way of illustration, MAJOR LEAGUE BASEBALL®, MLB®, MLB.COM® and associated names, logos, brands, and indicia are registered trademarks of Major League Baseball Properties, LLC In the U.S., baseball team names, logos, brands, and indicia are the property of their respective club owners and designees. All other Marks not owned by XAPPOX are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by XAPPOX. Use or misuse of the Marks without advance written consent from XAPPOX or the respective Mark's owner is expressly prohibited. You shall not use any mark in any manner that is likely to cause confusion among customers as to source or sponsorship of your goods and services, or in any manner that disparages, tarnishes, dilutes, or discredits XAPPOX. Further, to the extent that third party Marks used on this Site are the property of their respective owners, any mention on the Site should not be construed as a challenge to said Mark's status or ownership. Any rights not expressly granted herein are reserved.
4. Other Sites; Sponsorships.
This Site contains several links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Many such links are set forth in the context of sponsorships, which at a point in the past you could purchase from XAPPOX. Unless otherwise stated by XAPPOX, these third party sites are operated or maintained by organizations over which XAPPOX exercises no control, and XAPPOX expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third party sites and on any other sites operated or maintained by third parties. XAPPOX does not control, endorse, promote, or have any affiliation with any other Web site unless expressly stated herein, nor does XAPPOX imply that such Web sites are endorsed by Major League Baseball Properties, LLC or any other entity.
5. Informational and Entertainment Purposes Only.
The information on this Site is for informational and entertainment purposes only.
6. Site Content.
You may not frame, capture, harvest, or collect any part of the Site or Content without XAPPOX's advance written consent, except for any information that is expressly exportable via the app. XAPPOX may make changes to the Content, this Site, or the products or services made available in connection with this Site at any time, with or without notice, and makes no commitment to update any of these items. Despite our best efforts to provide accurate information in the Content, errors may occur. Before acting on any information appearing on the Site, you should verify its accuracy. Please feel free to contact XAPPOX (email@example.com) regarding errors.
7. Communications With The Site.
XAPPOX welcomes your feedback and suggestions about how to improve our services, products, and this Site. Ideas, suggestions, and inventions are often considered by the person submitting them to be of a proprietary nature and to have value. It is only prudent, therefore, in fairness to both the person submitting an idea, suggestion, or invention, and XAPPOX, that they reach a prior understanding in respect to the basis on which XAPPOX will receive and give consideration to the idea, suggestion, or invention. As such, unless you have contacted XAPPOX in advance to memorialize the confidentiality of disclosures or submissions of ideas, suggestions, or inventions from you, XAPPOX will accept the submission on a NONCONFIDENTIAL BASIS. Accordingly, unless you have entered into a specific written understanding with XAPPOX regarding your submission, XAPPOX recommends that your content not contain any third party proprietary or confidential information. Further, unless otherwise agreed in a writing between XAPPOX and you, XAPPOX is free to use for any purpose whatsoever and shall own any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site, including, but not limited to, creating and marketing products or services using such information.
8. Privacy Statement.
XAPPOX has a Privacy Statement disclosing what information we collect about visitors, how we use such information, and the steps we take to secure such information. Click here to view the Privacy Statement, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to XAPPOX via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact XAPPOX by writing us at:
8 Currier Road
East Brunswick, NJ 08816
9. Appropriate Comments and Submissions; No Spamming.
We ask you to not use vulgarity, profanity or insults in your comments. Comments may be removed for the above reasons or if the comment is hurtful, spiteful, libelous, slanderous or fails to contribute to the ongoing conversation on the Site. With respect to email address submitted to the Site, including through sponsorships or advertisements, you agree not to harvest or compile these email addresses for purposes of spamming or engaging in other illicit commercial behavior.
10. Disclaimer of Warranty and Liability.
THIS SITE AND THE CONTENT ON AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE ON AN "AS IS" BASIS ONLY. USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. XAPPOX MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE AND THE CONTENT ON AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT. ANY AND ALL INFORMATION PROVIDED BY XAPPOX OR UNDER OR IN CONNECTION WITH THIS SITE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
XAPPOX shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues, lost profits, or forfeited games, which may or do result from the use of, access to, or inability to use this Site and the pitch X App, the Content, or the products or services connected therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of XAPPOX to you in connection with, based upon, or arising from this Site or your use of this Site exceed $50. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, XAPPOX's liability is limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless XAPPOX, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorneys' fees and litigation expenses) relating to or arising from this Site, the Pitch X app, your use of this Site and the Pitch X App, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.
12. Some Services Unavailable Worldwide.
This Site may refer to some services or programs that are not available worldwide, without specifically identifying that the offers are geographically limited. Our reference to such services or programs does not imply that XAPPOX intends to offer such services or programs in all countries or locations. The figures and prices displayed on the Site are quoted in U.S. dollars.
13. Use of the Internet.
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Neither XAPPOX nor its contractors will be liable for any loss resulting from a cause over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
14. Changes; Termination.
These Terms and Conditions may be changed by XAPPOX at any time, with or without notice; your continued use of this Site after any change is made to the Terms or Conditions signifies your understanding of and intention and agreement to be bound by such change. It is your responsibility to monitor these Terms and Conditions for changes. XAPPOX reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice.
15. Governing Law and Jurisdiction.
These Terms and Conditions represent the entire agreement between you and XAPPOX with respect to the subject matter hereof, supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements between us, and will be governed by and construed in accordance with the laws of the State of New Jersey without reference to its conflict of law rules. By accessing, viewing, or using the Content or this Site, you consent to the jurisdiction of the federal and state courts presiding in the State of New Jersey, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by XAPPOX from its offices within the United States. XAPPOX makes no representation that this Site or the Content is appropriate or available for use in any location or territory, and access to this Site or the Content from locations or territories where it is illegal is prohibited. The waiver or failure of XAPPOX to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.
Effective Date: February 10, 2018