Welcome to the Terms of Service Agreement for Fast Pitch! Inc. This
agreement describes the terms on which you may access and use our services.
To become a Fast Pitch! user, accept all of the terms and conditions of
this agreement as well as our Privacy Policy. In the event of any inconsistency
between the Fast Pitch! Privacy Policy and this User Agreement, the User
Agreement shall prevail. If you do not agree to be bound by the terms of
this Agreement, you may not use nor access our services.
We reserve the right to modify this Agreement at any time, and without prior
notice, by posting amended terms on this agreement. Your continued use of
the Fast Pitch! indicates your acceptance of the amended User Agreement.
Description of Service
Fast Pitch! is a one-stop shop for business professionals to network and
market their business. Fast Pitch! users can connect (‘network’)
with thousands of other users from around the world as well as market their
business through our premium features that include SEO, SEM, Advertising,
Press Release Distribution, Events and more.
Membership Eligibility
The Fast Pitch! service is not available to minors under the age of 18 or
to any users suspended or removed from the system by Fast Pitch! for any
reason. Additionally, users are prohibited from selling, trading, or otherwise
transferring their Fast Pitch! account to another party. If you do not qualify,
you may not use the Fast Pitch! service.
Use of Service
Your use of the Fast Pitch! is governed by this User Agreement. Fast Pitch!
may refuse service without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of your password
and account, and are fully responsible for all activities that occur under
your password or account with or without your knowledge. If you knowingly
provide your login and password information to another person, your account
privileges may be suspended temporarily or terminated. You agree to immediately
notify Fast Pitch! of any unauthorized use of your password or account or
any other breach of security. Fast Pitch! cannot and will not be liable
for any loss or damage arising from your failure to comply with this section.
Termination
You agree that Fast Pitch! may, with or without cause, immediately terminate
your account and access to Fast Pitch services without prior notice. Without
limiting the foregoing, the following will lead to a termination by Fast Pitch! of a user’s account (a) breaches or violations of this User
Agreement or other incorporated agreements or guidelines, (b) requests by
law enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) unexpected technical issues or problems, and (e)
extended periods of inactivity. Termination of your Fast Pitch! account
includes removal of access to all offerings within the Fast Pitch! Service
and may also bar you from further use of Fast Pitch! Furthermore, you agree
that all terminations shall be made in Fast Pitch!’s sole discretion
and that Fast Pitch! shall not be liable to you nor any third-party for
any termination of your account or access to the Fast Pitch! Service.
User Conduct
You understand and agree not to use Fast Pitch! to:
• Post content or initiate communications which are unlawful, libelous,
abusive, obscene, discriminatory, or otherwise objectionable.
• Use the Fast Pitch! Service for any illegal purpose, including but
not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity,
including but not limited to the use of a pseudonym, or misrepresenting
your current or previous positions and qualifications, or your affiliations
with a person or entity, past or present.
• Upload, post, email, transmit or otherwise make available any content
or initiate communications which include information that you do not have
the right to disclose or make available under any law or under contractual
or fiduciary relationships (such as insider information, or proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content
or initiate communication that infringes upon patents, trademarks, trade
secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,”
or any other form of solicitation. This prohibition includes but is not
limited to a) Using Fast Pitch! invitations to send messages to people who
are unlikely to recognize you as a known contact; b) Using Fast Pitch! to
connect to people who don’t know you and then sending unsolicited
promotional messages to those direct connections without their permission;
and c) Sending messages to distribution lists, newsgroup aliases, or group
aliases.
• Upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any communication transmitted through the Fast Pitch! Service.
• Post content in fields that aren’t intended for that content.
Example: Putting an address in a name or title field.
• Interfere with or disrupt the Fast Pitch! Service or servers or
networks connected to the Fast Pitch! Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Fast Pitch!
Service.
International Use
Recognizing the global nature of the Internet, you agree to comply with
all applicable local rules including but not limited to rules regarding
online conduct and acceptable content. Specifically, you agree to comply
with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
Information Provided on this Website
In the course of using Fast Pitch!, users may provide information about
themselves which may be visible to certain other users (see our Privacy
Policy to learn more about information collected on this website). You understand
that by posting materials on the Fast Pitch! website or otherwise providing
materials to Fast Pitch!, you are granting to Fast Pitch! a royalty-free,
perpetual, irrevocable license to use this information in the course of
offering the Fast Pitch! service. Furthermore, you understand that Fast Pitch! retains the right to reformat, excerpt, or translate any materials
submitted by you. You understand that all information publicly posted or
privately transmitted through the Fast Pitch! is the sole responsibility
of the person from which such content originated and that Fast Pitch! will
not be liable for any errors or omissions in any content. You understand
that Fast Pitch! cannot guarantee the identity of any other users with whom
you may interact in the course of using the Fast Pitch! Service. Additionally,
we cannot guarantee the authenticity of any data which users may provide
about themselves or relationships they may describe.
In many ways, Fast Pitch! also serves as a search engine that extracts and
summarizes information from other sources across the Internet. This information
may be inaccurate and we may make mistakes when extracting the information.
Fast Pitch! assumes no responsibility regarding the accuracy of the information
that is provided by Fast Pitch! Once we have collected information about
a person / company, we combine multiple mentions of the same person into
an individual Company Profile. The resulting Web Summaries are then made
available to the public through Fast Pitch!.
Additionally, Fast Pitch! allows users to create and/or update their own
Profile. Any information provided by a user to be part of his or her Profile
will be available to the public as part of the Fast Pitch! service. Users
who create and/or update their own Profile can change or delete any information
they provide if they choose to do so. Please use caution when posting personal
identifiable information.
Access to Service
Use of manual or automated software, devices, or other processes to “crawl”
or “spider” any web pages contained in the Fast Pitch! website
is strictly prohibited. You agree not to monitor or copy, or allow others
to monitor or copy, our web pages or the content included herein. You also
agree not to “frame” or otherwise simulate the appearance or
function of this website. Furthermore, you agree not to take any action
that interferes with the proper working of or places an unreasonable load
on our infrastructure, including but not limited to unsolicited communications,
attempts to gain unauthorized access, or transmission or activation of computer
viruses.
Communications
In the course of providing you services, Fast Pitch! may need to communicate
with you via email (see our Privacy Policy to learn more about communications).
You agree to receive emails which are specific to your account and necessary
for the normal functioning of the Fast Pitch!, including a series of emails
which help inform new users about various features and upgrade opportunities.
You also agree to have your name and/or email address listed in the header
of certain communications which you initiate through Fast Pitch!
Uploaded Emails - Third Party Platforms
Growing your network often begins with inviting your existing contacts to join
you on a new network like Fast Pitch! Fast Pitch! simplifies the process
by providing an automated way to invite multiple people across a
variety of communication platforms (other social networks, email accounts, etc.).
Note: Fast Pitch! is not liable for any communication made between our users and
members of other networks or the networks themselves. Invitations originating from
Fast Pitch! to people outside of the network at the request of our current users are
done entirely independent of Fast Pitch! and therefore absolve Fast Pitch! from damages
or complaints that may be brought by a recipient or third-party platform.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with
Fast Pitch!, we are not obligated to do so. And since we do not, and may
not have the ability to, control or actively monitor content we don’t
guarantee its accuracy, integrity or quality. Because community standards
vary and individuals sometimes choose not to comply with our policies and
practices, in the process of using our website, you may be exposed to content
that you find offensive or objectionable. You can contact our Customer Service
Department to let us know of content that you find objectionable. We may
investigate the complaints and violations of our policies that come to our
attention and may take any action that we believe is appropriate, including,
but not limited to issuing warnings, removing the content or terminating
accounts and/or subscriptions. However, because situations and interpretations
vary, we also reserve the right not to take any action. Under no circumstances
will we be liable in any way for any content, including, but not limited
to, any errors or omissions in any content, or any loss or damage of any
kind incurred as a result of the use of, access to, or denial of access
to any content on the website.
Fast Pitch! Press (www.fastpitchpress.com):
Fast Pitch! provides a press release posting and distribution service designed
to provide additional exposure to it’s users. Through the Fast Pitch!
website and it’s sister sites (www.fastpitchpress.com for example),
Fast Pitch! optimizes all of it’s users submissions and distributes
them through our distribution network of search engines and media outlets.
Use
You are responsible for the content and accuracy of all news copy and other
information submitted by you to Fast Pitch! ("Fast Pitch Press")
(the "Submitted Materials"). Because of the volume of information
and copy submitted to Fast Pitch! and Fast Pitch Press, Fast Pitch! cannot
be responsible for verifying facts contained in Submitted Materials.
Fast Pitch! reserves the right (i) to reject or edit Submitted Materials;
and (ii) to remove any press release from its web site, pull any press release
from distribution or deny approval to any press release. Fast Pitch! can
only remove Submitted Materials from its network, and Fast Pitch! makes
no representation or warranty regarding the removal of Submitted Materials
from sites outside of the Fast Pitch! network.
Fast Pitch! endeavors to disseminate Submitted Materials promptly and accurately.
Any inadvertent errors by Fast Pitch! will be corrected promptly upon discovery,
without additional charge, and such obligation to correct shall constitute
the sole liability of Fast Pitch in this regard.
All Submitted Materials transmitted by Fast Pitch! must align itself with
a Fast Pitch Profile which must contain (at least) a user-supplied contact
name and phone number and a clearly identifiable source. The source gives
legitimacy to the release by indicating who is responsible for the content
and cannot be the name of an agency issuing news on your behalf.
Fast Pitch! does not warrant specific placement of any news release nor
pick up on any news release on its wire, but will deliver a news release
to the appropriate media point where an editor or reporter will best be
able to decide on usage.
You agree to use the Service for its intended purpose and not for any illicit
purposes including, but not limited to, the reverse engineering of the site
and/or its processes and the inclusion of such processes or services in
a derivative service. You shall not query, spider or access any Fast Pitch!
systems with the express written consent of Fast Pitch!
Fees
Signing up for a basic Fast Pitch! account is free. Fast Pitch! also offers
a variety of ‘Premium’ services that may include a monthly fee
and or a one-time ‘upgrade’ (example press release enhancements)
or ‘event’ charges. All of these charges are presented clearly
to our users during each ‘sign-up’ process. Subscriptions
to Fast Pitch are billed on either a monthly (every four weeks), quarterly or annual basis from the
date of the initial sign-up. Fast Pitch! reserves the right to modify the
pricing of, add to, or discontinue a Fast Pitch service or any portion thereof
without prior notice.
Right of Cancellation
The User may cancel registration for the Premium Membership by CALLING Fast Pitch! directly at (941) 309-5339. without stating any particular reason. Fast Pitch! CANNOT GUARANTEE CANCELLATION OF A SUBSCRIPTION BASED ON AN EMAIL>
All Premium Members
may cancel at anytime. WHEN YOU
CANCEL YOUR ACCOUNT, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR
CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED. SUBSCRIPTION FEES
WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL USAGE.
Consequences of cancellation
In the event of cancellation, both parties shall be obliged to restore any
benefits already received in accordance with legal provisions, and issue
any gains (e.g. interest). This means that all activity related to your
profile becomes the sole possession of Fast Pitch! including all efforts
related to SEO, SEM, etc. So for example, if our SEO efforts get your profile
ranked #1 on Google and you decide to cancel, the ranking by virtue of the
profile (owned by Fast Pitch) becomes the possession of Fast Pitch! Brands,
LLC. Fast Pitch! has the right to use the profile ranking thereafter however
it wishes.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold
harmless Fast Pitch! Brands, LLC, its officers, employees, agents, subsidiaries,
affiliates and other partners from any direct, indirect, incidental, special,
consequential or exemplary damages resulting from i) your use of the Fast Pitch!; ii) unauthorized access to or alteration of your communications
with or through Fast Pitch!, or iii) any other matter relating to Fast Pitch!.
Any business transactions which may arise between users from their use of
Fast Pitch! are the sole responsibility of the users involved.
Without limitation of the terms and conditions set forth in our Privacy
Policy, you understand and agree that Fast Pitch! may disclose personally
identifiable information if required to do so by law or in the good faith
belief that such disclosure is reasonably necessary to comply with legal
process, enforce this User Agreement, or protect the rights, property, or
safety of Fast Pitch!, its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE Fast Pitch! SERVICE IS PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS AND THAT Fast Pitch!
DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION
OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. Fast Pitch! ASSUMES
NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN
USERS. Fast Pitch! EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Fast Pitch! MAKES NO WARRANTY THAT (i) THE Fast Pitch! SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE Fast Pitch! SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF
THE Fast Pitch! SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE Fast Pitch! SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Fast Pitch! SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Fast Pitch! OR THROUGH OR FROM THE FAST PICTH! SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Entire Agreement
The User Agreement constitutes the entire agreement between you and Fast Pitch! and governs your use of the Fast Pitch! Service, superseding any
prior agreements between you and Fast Pitch!.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fast Pitch! SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Fast Pitch! HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. IN NO EVENT WILL Fast Pitch!’S TOTAL CUMULATIVE DAMAGES
EXCEED US$ 100.
Governing Law
The User Agreement between you and Fast Pitch Brands, LLC will be governed
by and construed in accordance with the laws of the State of Florida without
regard to conflict of laws principles.
General Information
Fast Pitch!, the Fast Pitch! logo, and other Fast Pitch! logos and names
are trademarks of Fast Pitch Brands, LLC. You agree not to display or use
these trademarks in any manner without Fast Pitch!’s prior, written
permission. The section titles of this User Agreement are displayed for
convenience only and have no legal effect.
Please send any questions or comments, or report violations of the User
Agreement to:
Fast Pitch! Inc.
Attn: User Agreement Issues
1990 Main Street Suite 750
Sarasota, FL 34236
Recent Updates:
May, 2008 - language in this Agreement was clarified to be consistent with recent product offerings
