STANDARD TERMS AND CONDITIONS OF SALE
Terms and Conditions
ProPlayerAthletics, LLC, ("PPA") d/b/a Arkansas Sticks Baseball or Sticks Baseball provides website features and other products and services to you when you visit or shop at www.proplayerathletics.com or any of its affiliates, use the DeckerFit mobile applications or other services, or use software provided by PPA in connection with any of the foregoing (collectively, the "Services"). PPA provides the Services subject to the following terms and conditions (together with any documents referred to in them) (collectively, the "Terms of Service"). By using the Services, you accept these Terms of Service, so please read them carefully. We are operated by ProPlayerAthletics, LLC. (“PPA”) and throughout these Terms we will use PPA, us or we to refer to PPA and its affiliated entities and services collectively.
Acceptance of Terms
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any purchases made through our Services.
Visiting http://www.proplayerathletics.com, opening the PPA mobile applications or sending emails to PPA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites / Third Party Services
Our Services may contain links to other websites or services ("Linked Sites"). The Linked Sites are not under the control of PPA and PPA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PPA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PPA of the site or any association with its operators. When you link to a Third-Party Site, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
Certain services made available via our Services are delivered by third party sites and organizations. By using any product, service or functionality originating from PPA, you hereby acknowledge and consent that PPA may share such information and data with any third party with whom PPA has a contractual relationship to provide the requested product, service, or functionality on behalf of PPA users and customers.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use our Services strictly in accordance with these Terms. As a condition of your use of our Services, you warrant to PPA that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
All content included as part of the Services, such as text, graphics, logos, images, data, results, ideas, plans, sketches, links, as well as the compilation thereof, and any software used on the Services, is the property of PPA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. PPA content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of PPA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PPA or our licensors except as expressly authorized by these Terms
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties.
Anything that you submit or post in the Services and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, Submissions) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You represent and warrant that you own or otherwise control all the rights in and to the Submissions that you post and have the right to grant PPA the license granted herein.
We do not undertake to and are not responsible for screening, policing, editing, or monitoring Submissions, and cannot ensure prompt removal of objectionable material after it has been posted. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Submissions, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Submissions from the Services.
Third Party Accounts
You may be able to connect your PPA account to third party accounts. By connecting your PPA account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party services). If you do not want information about you to be shared in this manner, do not use this feature.
The Services are controlled, operated, and administered by PPA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PPA Content accessed through our Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless PPA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PPA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PPA in asserting any available defenses.
ProPlayer Athletics undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. ProPlayer Athletics cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PPA SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PPA SPORTS USA, LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME
PROPLAYERATHLETICS, LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PPA SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PPA SPORTS USA, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PPA reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nebraska, and you hereby consent to the exclusive jurisdiction and venue of courts in Nebraska in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PPA as a result of this agreement or use of the Services. PPA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PPA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by PPA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PPA with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and PPA with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
PPA reserves the right, in its sole discretion, to change the Terms under which our Services are offered. The most current version of the Terms will supersede all previous versions. PPA encourages you to periodically review the Terms to stay informed of our updates. Your continued use of the Services following the posting of revised Terms or other policies means that you accept and agree to the changes.
PPA welcomes your questions or comments regarding the Terms:
1210 N. 160TH Ave Cir
Omaha, Nebraska 68118
Email Address: firstname.lastname@example.org
January 1, 2023