Last Updated: Feb 9, 2021 5:50PM
General Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
TERMS OF SERVICE
If you do not agree to these terms, you have no right to obtain information from or otherwise continue using the site, application or services.
If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
MADE Baseball reserves the right, at its sole discretion, to modify the site, application or services or to modify these terms, at any time. If we modify these terms, we will post the modification on the site or via the application and/or provide you notice of the modification by email. We will also update the "last updated" date at the top of these terms. Changes to the terms will be effective only when agreed upon by all users affected, though MADE Baseball may de-activate a user's profile if they do not agree to the terms within a reasonable timeframe deemed appropriate by MADE Baseball.
Any failure to respect these terms and conditions may result in deactivation of your account. Efforts to use the services in a manner that is fraudulent or contrary to law will be pursued by MADE Baseball to the fullest extent allowable by civil or criminal law.
You may terminate your agreement with MADE Baseball at any time with written notice, though you will make every reasonable effort to honour all commitments made to other users prior to terminating your profile. You may do this by contacting MADE Baseball directly at any time.
HOW THE SITE, APPLICATION AND SERVICES WORK
MADE Baseball makes available an online marketplace platform for Clients (Athletes like swimmers and Registrants like parents, guardians, or others who may register Athletes), Hosts, and vetted Instructors to arrange Lessons to be carried out at Host facilities. MADE Baseball is not an owner or operator of properties, including, but not limited to, hotel, condo or apartment, privately owned or operated, or public facilities. Agreements with Hosts allow MADE Baseball to schedule Instructor and Client access to Host owned or operated facilities so that Lessons can occur. MADE Baseball does not own, sell, or resell, provide, rent, re-rent, manage and/or control properties.
Using the site, application and services, Hosts set parameters for the use of their Facilities (such as hours of operation, facility rules, use of amenities, access instructions) and Instructors who are independent operators provide professional information and availability for private lesson services at those facilities. You may view Host and Instructor listings as an unregistered visitor to the site, application and services; however, if you wish to book lessons, offer a facility for use, or set availability for lesson services, you must first register and create a MADE Baseball account.
If you choose to create a Host or Instructor profile on the platform, you understand and agree that your relationship with MADE Baseball is limited to being a platform user, and an independent operator, and not an employee, contractor, agent, joint venturer or business partner of MADE Baseball. Facility hosts and Instructors may be referred to as MADE Baseball partner Hosts, partner Instructors, partner Facilities, partner Pools, or similar titles. In this case, the term "partner" refers exclusively to your being a service provider on the MADE Baseball platform where you act exclusively on your own behalf, and not on behalf of or for the benefit of MADE Baseball. Unless explicitly specified otherwise in the MADE Baseball platform, MADE Baseball's responsibilities are limited to facilitating the availability of the site, application and services.
The site, application and services are intended to be used to facilitate Clients and Instructors entering into short term work agreements (Lessons Bookings) whereby Instructors teach Clients private lessons in Host owned and operated facilities. You understand and agree that MADE Baseball does not act as your contracting agent. All Instructors on the platform are independent operators. MADE Baseball has not hired them as independent contractors or subcontractors. If a lesson booking is confirmed with an Instructor, any agreement a Client enters into with such individual is between the Client and the Instructor and MADE Baseball is not a party to it. Though MADE Baseball may assist with Profile set-up, or de-activate or alter inappropriate or inaccurate postings, users have full control over their profiles and are responsible for the consequences of what they post. MADE Baseball disclaims all liability related to the content published on users profiles.
MADE Baseball does not take responsibility for the offline behaviours of users. Instructors are vetted through an online questionnaire and criminal record check process, but are ultimately responsible for their own behaviour as independent operators when offering instruction. MADE Baseball disclaims any liability for any agreement entered into offline between the Instructors, Hosts, or Clients (For example, if a Host offers additional amenities or food or beverages to Clients, Instructors, or their Guests).
MADE Baseball holds an insurance policy that covers Hosts and Instructors against general liability claims for Services (Lessons) scheduled on the MADE Baseball platform. Hosts will be added as additionally insured, and Instructors are also covered under the policy. Some exclusions apply, MADE Baseball may provide additional information to users of the website upon request.
ACCOUNT REGISTRATION AND AUTHORIZED USE
In order to access certain features of the site and application, and to book lessons or create a profile, you must register to create an account.
MADE Baseball may, in MADE Baseball's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to MADE Baseball through the services textual, audio, and/or visual content and information, including commentary and feedback related to the services, initiation of support requests, and submission of entries for competitions and promotions. Any user content provided by you remains your property. MADE Baseball exercises a limited license to include your content in other areas of the website, or in marketing materials, for the purposes of promoting use of the service. You agree to not provide Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MADE Baseball in its sole discretion, whether or not such material may be protected by law. MADE Baseball may, but shall not be obligated to, review, monitor, or remove content, and will notify you when it does so.
Your MADE Baseball account and your MADE Baseball account profile page will be created for your use of the site and application based upon the personal information you provide to us. You may not have more than one (1) active MADE Baseball account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You agree that you have a right to use all the content included in your MADE Baseball account, and accept full responsibility for any third-party copyright claims against such content. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
By creating an account, you agree that the services may send you informational text (SMS) messages as part of the normal business operation of your use of the services. You may opt-out of receiving text (SMS) messages from MADE Baseball at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and applications and any updates thereto. MADE Baseball does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
Unless expressly authorized by a specific feature on MADE Baseball, you are not permitted to share your MADE Baseball account with anyone or allow others to access or use your MADE Baseball account. MADE Baseball may enable features, in our discretion, that allow others to take certain actions associated with your MADE Baseball Account, on your behalf with your express authorization, such as having your executive assistant book on your behalf, having staff make changes to your profile, or adding a family member to your account as an additional Host/Guardian. You agree that you will take sole responsibility for any activities or actions under your MADE Baseball account. You will immediately notify MADE Baseball of any unauthorized use of your MADE Baseball account.
TERM AND TERMINATION, SUSPENSION AND OTHER MEASURES
Without limiting our rights specified below, MADE Baseball may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
MADE Baseball may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) MADE Baseball believes in good faith that such action is reasonably necessary to protect the personal safety or property of MADE Baseball, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).
In addition, MADE Baseball may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the MADE Baseball Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or MADE Baseball otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) MADE Baseball believes in good faith that such action is reasonably necessary to protect the personal safety or property of MADE Baseball, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the MADE Baseball Platform;
- temporarily or permanently revoke any special status associated with your MADE Baseball Account; or
- temporarily or in case of severe or repeated offences permanently suspend your MADE Baseball Account.
- In case of non-material breaches and where appropriate, you will be given notice of any intended measure by MADE Baseball and an opportunity to resolve the issue to MADE Baseball's reasonable satisfaction.
If we take any of the measures described above (i) we may refund your Clients in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
When this Agreement has been terminated, you are not entitled to a restoration of your MADE Baseball Account or any of your Member Content. If your access to or use of the MADE Baseball Platform has been limited or your MADE Baseball Account has been suspended or this Agreement has been terminated by us, you may not register a new MADE Baseball Account or access and use the MADE Baseball Platform through an MADE Baseball Account of another Member.
If you choose to use the MADE Baseball Platform or Collective Content, you do so voluntarily and at your sole risk. The MADE Baseball Platform and Collective Content is provided "as is", without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate MADE Baseball, Services offered on the platform, laws, rules, or regulations that may be applicable to your Listings and/or Host or Instructor Services you are receiving and that you are not relying upon any statement of law or fact made by MADE Baseball relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Services or Facility Amenities may carry inherent risk, and by participating in those activities, you choose to assume those risks voluntarily. For example, some activities may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those activities. You assume full responsibility for the choices you make before, during and after your participation in these activities. If you are registering a minor as an Athlete, you are solely responsible for the supervision of that minor throughout the duration of the Lesson, Facility Access, or Amenity Use and to the maximum extent permitted by law, you agree to release and hold harmless MADE Baseball from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Service or in any way related to your Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the MADE Baseball Platform and Collective Content, your publishing of Listing or booking of any Lesson via the MADE Baseball Platform, your access to any Facility, use of any Amenity, or use of any other Host or Instructor Service, or any other interaction you have with other Members whether in person or online remains with you. Neither MADE Baseball nor any other party involved in creating, producing, or delivering the MADE Baseball Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the MADE Baseball Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the MADE Baseball Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing's Host Facility or Instructor Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MADE Baseball has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts and Instructors pursuant to these Terms, in no event will MADE Baseball's aggregate liability arising out of or in connection with these Terms and your use of the MADE Baseball Platform including, but not limited to, from your publishing or booking of any Listings via the MADE Baseball Platform, or from the use of or inability to use the MADE Baseball Platform or Collective Content and in connection with any Lessons, Facility Access, Amenity Use, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the MADE Baseball Platform as a Client in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host or Instructor, the amounts paid by MADE Baseball to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Canadian dollars (CAD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between MADE Baseball and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend (at MADE Baseball's option), indemnify, and hold MADE Baseball and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the MADE Baseball Platform or any MADE Baseball Services, (iii) your interaction with any Member, access of Facility, participation in a Lesson, or use of Host Amenity, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) MADE Baseball's Collection and Remittance of Taxes, or (v) your breach of any laws, regulations or third party rights.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
This Dispute Resolution and Arbitration Agreement shall apply if you reside in the United States; or (ii) do not reside in the United States, but bring any claim against MADE Baseball in the United States (to the extent not in conflict with Section 21). For those bringing any claim against MADE Baseball in Canada, a similar binding arbitration will be administered by the Canadian Arbitration Association.
Overview of Dispute Resolution Process. MADE Baseball is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom the above statement applies: (1) an informal negotiation directly with MADE Baseball's customer service team, and (2) a binding arbitration administered by the American Arbitration Association ("AAA") using its specially designed Consumer Arbitration Rules (as modified by this Section). Specifically, the process provides:
- Claims can be filed with AAA online ( www.adr.org );
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party's individual claim.
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and MADE Baseball each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact MADE Baseball's customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org ) provided to the other party, as specified in the AAA Rules.
Agreement to Arbitrate. You and MADE Baseball mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the MADE Baseball Platform, the Host or Instructor Services, or the Collective Content (collectively, "Disputes") will be settled by binding arbitration (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and MADE Baseball agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement. You and MADE Baseball each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
Arbitrator's Decision. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim.
Jury Trial Waiver. You and MADE Baseball acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
No Class Actions or Representative Proceedings. You and MADE Baseball acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and MADE Baseball both otherwise agree in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Changes. Notwithstanding the provisions of Section 3 ("Modification of these Terms"), if MADE Baseball changes this Section ("Dispute Resolution and Arbitration Agreement") after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of MADE Baseball's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MADE Baseball in accordance with the provisions of the "Dispute Resolution and Arbitration Agreement" section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
Survival. This Section will survive any termination of these Terms and will continue to apply even if you stop using the MADE Baseball Platform or terminate your MADE Baseball Account.