Terms & Conditions
Effective Date: June 5, 2018
I agree to the following Balance Hitting, LLC, Terms & Conditions
When using the Balance Baseball, Softball, or Stick Bats the user must follow these rules:
- Must always wear a helmet
- Must not exceed 65 miles per hour (MPH) with any pitched ball
- Use the following drills:
- Dry Swings
- Impact Bag Swings
- Batting Tee Swings
- Soft-Toss Swings
- Front – Toss Swings
- Batting Practice (Not to exceed 65 mph pitched ball)
Balance Bat is solely intended to be used within the scope of the above safety rules and use restrictions. The user is personally responsible for any property damage, personal injury to themselves or others, and all other damages incurred due to their actions or omissions if not adhering to the above safety rules.
Balance Bats are ‘NOT’ MLB or MiLB approved and the player is solely responsible for any and all MLB or MiLB game and/or practice use.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. Balance Hitting LLC may change, edit, modify, delete, revise, or update the Terms from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates posted to the Site constitutes your agreement to comply with the posted Terms.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of Balance Hitting LLC, or such other third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Balance Hitting LLC or such other third party that may own the displayed Trademarks.
- Site Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites. Access to and uses of this Site are solely for your purchase of Balance Hitting LLC products for personal use, information, education and communication with Balance Hitting LLC. You may download copy or print the Content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. All rights not expressly granted to you by these Terms are reserved.
- User Comments and Other Submissions.
While Balance Hitting LLC desires to receive feedback and testimonials from its customers (“Submission(s)”), please do not send Balance Hitting LLC any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like. Balance Hitting LLC is under no obligation to use or compensate you for your Submissions. Balance Hitting LLC will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information. With regard to Submissions which are feedback or testimonials or examples of use of Balance Hitting LLC products, You may directly upload Submissions or post Submissions to your social media accounts.
- License to Use Submissions.
By uploading Submissions or posting Submissions that you have tagged with Balance Hitting LLC Trademark or product name hashtags to social media platforms, you grant to Balance Hitting LLC, its third-party service providers who provide content management services including Olapic, Inc. and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Balance Hitting LLC-tagged Submissions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Submissions in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your Submission
You hereby represent and warrant that (i) you own all rights in and to your Submissions, (ii) if the Submissions are subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the Submissions you submit and to grant the rights granted herein, including permission from all person(s) appearing in your Submissions; (iii) you are not a minor, (iv) you are legally entitled to post the Submissions, and the Licensed Parties’ use of your Submissions as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the Submissions are not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your Submissions.
You are solely responsible for any Submissions that you submit or post. You are legally liable for the Submissions that you submit or post including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.
The Licensed Parties reserve the right to remove any Submissions from the Site at any time, for any reason. If you believe a Submissions residing on the Site infringes a copyright, please refer to our Copyright Policy below.
- No Endorsement or Liability for User-Generated or Third-Party Content.
Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute Balance Hitting LLC’s endorsement of those Submissions. Balance Hitting LLC is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
- Third-Party Links.
Third-party links on this Site may direct you to third-party websites that are not affiliated with Balance Hitting LLC that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country’s regulatory or product safety requirements. Balance Hitting LLC is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
- Copyrights and Digital Millennium Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) summarized below.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Balance Hitting LLC’s General Counsel. The agent can be reached at (610)329-7179 or info@BalanceHitting.com, or via U.S. Mail at: 112 Airport Road #346 Coatesville PA 19320.
- DMCA Infringement Notification.
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the complete written notification containing the information as outlined in 1 through 6 above:
- Balance Hitting LLC will remove or disable access to the content that is alleged to be infringing;
- Balance Hitting LLC will forward the written notification to the alleged infringer; and
- Balance Hitting LLC will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Balance Hitting LLC, the alleged infringer will have the opportunity to respond to Balance Hitting LLC with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Balance Hitting LLC’s designated copyright agent within thirty (30) days of the removal of the material from the website, and must include the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Balance Hitting LLC may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
- Prohibited Uses.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
- Registration, Accounts and Passwords.
You are responsible for the personal protection and security of any password or username that you may use to access this Site. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Balance Hitting LLC.
- Site Updates.
Balance Hitting LLC undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Balance Hitting LLC reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
- Product and Pricing Information.
This Site, Content, product information, and any products sold through the Site into permitted jurisdictions are intended to comply with U.S. federal laws and regulations. Some products cannot be shipped to certain jurisdictions. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S.
Balance Hitting LLC reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions, product designs and product pricing are subject to change at any time without notice at the sole discretion of Balance Hitting LLC. Balance Hitting LLC has no obligation to incorporate design changes in products previously purchased. Balance Hitting LLC reserves the right to discontinue any product at any time. For your protection, we reserve the right to cancel any order at any time. Any offer for any product or service made on this Site is void where prohibited. After placing an order you will receive a copy of your order via email. Please verify that your order is correct and call or email info@BalanceHitting.com as soon as possible if something is incorrect. The price of an item is final at the time of sale.
Personal checks cannot be accepted. Please use money orders, certified or cashier checks, PayPal, or credit/debit cards for payment. If you use your debit card (or any card linked to your checking account), the amount of your purchase may be charged to your account at the time of sale, or at the time of order fulfillment. The funds reserved for your order may be held by the bank, even though the transaction has not been finalized. The length of the hold is determined by your bank. Since debit cards are linked to cash accounts, changes or adjustments to your order can result in multiple pending transactions on your account. Balance Hitting LLC is not responsible for loss or inconvenience due to held funds.
- Sales Tax.
By law, sales tax is collected from Arkansas, California, Florida, Georgia, Indiana, Illinois, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming residents and remitted to those states. For residents not located in the states listed, it is the responsibility of the purchaser to determine if they are responsible to pay taxes on the purchases based on the laws of their local government.
Any tax exempt purchases need to be made through customer service at 610.329.7179. No sales tax refunds will be given for online orders.
All returns require a return authorization number (“RA Number”) which must be present on the outside of the return package. Please submit for your RA Number and returns shipping label through our returns portal. Return shipments must be delivered back to Balance Hitting LLC within 30 days from the shipping date. Returns received after this time will not be honored. Please return items in the same manner they were shipped to you. All items must be returned in new condition, in the original packaging and must be shipped back in a shipping package. If returning footwear, please remember to ship your shoe box in another shipping box or bag. If items returned are not within these conditions, the return will be refused.
If you need to make an exchange of a like item, simply place a new order with one of our Customer Care Specialists or through our website and proceed to request your return authorization number using our online returns portal. We will ship your new item(s) as quickly as possible via the shipping method you select. You will be charged the purchase price for the new item(s) being requested and current FedEx shipping rates based on the shipping method you choose. Once we process your return authorization, we will credit your original form of payment for the purchase price of the item(s) returned.
All return shipping charges are the responsibility of the customer. Returns are processed within 5-7 business days after being received by Balance Hitting LLC.
- Resale of Product.
Certain Balance Hitting LLC sites may sell products to wholesale customers, however, you shall not use the www.BalanceBat.com to purchase products for re-sale or export. Balance Hitting LLC reserves the right to immediately bar access to the Site and terminate the account of any user who violates this provision.
- Limitations on Liability.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT BALANCE HITTING LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BALANCE HITTING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BALANCE HITTING LLC’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BALANCE HITTING LLC’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
BALANCE HITTING LLC RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND BALANCE HITTING LLC WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY AND HOLD BALANCE HITTING LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY CLAIMS RELATED TO ORDER REQUESTS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE TERMS.
The Terms will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything in these Terms to the contrary, the parties understand and agree that all terms and conditions of the Terms that may require continued performance, compliance, or effect beyond the termination date of these Terms will survive termination of the Terms and will be enforceable by the parties, including but not limited to Sections 2, 3, 5, 8, 9, 15, 16, 18, 20 and 22. Balance Hitting LLC may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in Balance Hitting LLC’s sole discretion, you fail to comply with any term or provision of the Terms. Upon any termination of the Terms by either you or Balance Hitting LLC, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the Terms or otherwise.
- Choice of Law and Forum; Consent to Electronic Communications.
These Terms will be governed and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site or Terms, you submit to exclusive personal jurisdiction and venue of the courts located in Chester County Pennsylvania.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. Please verify that your account email address is current and valid. We will use this address to send your order confirmation and shipping information. If you need to change your email address, please call customer support at (610.329.7179). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Privacy Statement.
- Mockup Approval.
After submitting your order, you will receive an email mockup for the customized items on your order from one of our graphic designers within the established timeframe for providing mockups.
Email is the preferred line of communication for revisions and is required for the final mockup approval. Without an email approval of the mockup, no production will be completed.
By submitting your final mockup approval to our design team, “You agree to the following terms”.
I verify that all lettering and/or word spellings, graphics, colors and content included in the approved mockup are correct.
Balance Hitting LLC is not liable for errors in a final product caused by any of the following reasons:
Misspelling, Graphics, Grammar, Punctuation and Final Appearance of Colors.
NOTE: (Mockups are not to scale and are used for demonstration purposes only, as all sizing and placement is per our standards. The colors displayed on your screen and shown on your mockup are not guaranteed to be a true match to the colors that will be on the finished product.)
(Please contact Customer Care, not the Design Department regarding your order status.)
- No other Agreements.
By agreeing to the Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given Balance Hitting LLC your consent to allow any of your minor dependents to use this Site. The provisions and conditions of the Terms constitute the entire agreement between you and Balance Hitting LLC related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the Terms. The Terms are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of the Terms after the Effective Date.
Should you have any questions concerning the Terms, or if you desire to contact Balance Hitting LLC for any reason, please contact our Webmaster.
112 Airport Road
Coatesville, Pa 19320