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BC COLLECTIVE TERMS OF SERVICE
Overview
By visiting BC COLLECTIVE’s site or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site or BC COLLECTIVE software services, including without limitation users who are job seekers, employers, recruiters, agencies, browsers, vendors, customers, merchants, and/or contributors of content. These Terms specifically apply to all customers making use of software services that are or may be provided to customers by BC COLLECTIVE.

Please read these Terms of Service carefully before accessing or using our software services or website. By accessing said services or any portion of our web site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new plans, features, or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


License to Use Website
Unless otherwise stated, BC COLLECTIVE and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);

• sell, rent or sub-license material from the website;

• show any material from the website in public;

• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

• edit or otherwise modify any material on the website;

• redistribute material from this website.


Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without BC COLLECTIVE express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without BC COLLECTIVE express written consent.


Restricted Access
Access to certain areas of this website is restricted. BC COLLECTIVE reserves the right to restrict access to areas of this website, or indeed this entire website, at BC COLLECTIVE discretion.

If BC COLLECTIVE provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
BC COLLECTIVE reserves the right to disable your user ID and password at its sole discretion without notice or explanation.


User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for any purpose.

You grant to BC COLLECTIVE worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to BC COLLECTIVE the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or BC COLLECTIVE or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

BC COLLECTIVE reserves the right to edit or remove any material submitted to this website, or stored on BC COLLECTIVE servers, or hosted or published upon this website.


Warranties Disclaimed
The services and products of BC COLLECTIVE are made available “as is,” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, non-infringement, or otherwise, all such warranties being expressly disclaimed. To the extent allowed by law, neither BC COLLECTIVE nor any of its service providers, information providers, licensors, employees, officers, directors, members, assignees, or agents shall have any liability for incidental, consequential, indirect, exemplary, punitive, or special damages suffered by you or any other party arising out of or related to your use of the BC COLLECTIVEl website, services or products, or your purchase of services or products from BC COLLECTIVE via the website or otherwise.

Processing Fees
Prices quoted on site are before any fees associated with your selected payment method, e.g. credit card processing fees.

Taxes, Payment Fees, Customs Fees and Duty
Taxes, Payment Fees, Customs Fees and Duty are the responsibility of the recipient and any questions regarding import fees should asked of the customs office in your country.

Limitation of Liability
To the extent allowed by law, the liability of BC COLLECTIVE to you or any other user of BC COLLECTIVE services or products for any reason and upon any cause of action shall be limited to and shall in no event exceed the sum of the greater of one-hundred dollars ($100.00) or, in the event that your dispute or claim arises from your purchase of services or products, the cost of such disputed services or products (i.e., the amount you paid to BC COLLECTIVE for such services or products). This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, non-infringement, and other causes of action or allegations.

Medical Disclaimer
BC COLLECTIVE may provide workout plans, sports training, wellness, physical training, fitness, nutrition and other related information, applications, and content. If so, then it is intended only to assist users in their personal training, wellness, physical fitness, nutrition and sports efforts. BC COLLECTIVE is not a medical organization and cannot – and does not – give you medical advice or a medical diagnosis. Nothing contained in the BC COLLECTIVE website or online services should be construed as medical advice or a medical diagnosis. Any information and reports generated by BC COLLECTIVE should not be interpreted as a substitute for physician consultation, evaluation, treatment, or good sense and personal judgment about one’s own condition.

Participating in any type of sports has inherent risk of injury. The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this website. Any text, pictures, and description set forth in this website or in other online or in-person services is for educational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques) and does not advise that you or any other website user undertake or perform any particular technique or exercise.

You agree that you will not undertake or perform any exercise or technique described in this website, BC COLLECTIVE software services, or otherwise by BC COLLECTIVE until and unless you consult with and are cleared by a medical doctor in relation to such participation. All users of this website, online services and/or the other products and services of BC COLLECTIVE are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, or exercise regimen.


General Conditions
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Any and all orders for hard goods, software or information products, or memberships will be assigned to the person and email address used to place the order. In the case of any memberships that include a product discount, only one shipping address will be allowed per account. Use of memberships by multiple parties may result in suspension of account.


No Refund Policy
All sales are final, and BC COLLECTIVE does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. All payments will be irrevocable, non-refundable, and non-creditable.

Affiliate Disclosure
BC COLLECTIVE is owned and operated by William Duby Baseball, Inc and may contain advertisements, sponsored content, paid insertions, affiliate links, or other forms of monetization.

The time spent researching and writing these plans are considerable. In order to compensate this time, and allow us to keep investing it, we have inserted affiliate links to some of the products mentioned. This means that if you click on a product, and later make a purchase, we may receive a small % of the products purchase value. This includes the Amazon Associate program, where we earn from qualifying purchases.


Co-Branded Areas
Certain areas of the website may be provided to you in association with third parties (“Co-Branded Areas”) such as co-promotional partners and may require you to disclose Personal Information to them. Such Co-Branded Areas will identify the third party and indicate if they have a privacy policy that applies to their collection and use of your information. If you elect to register for products and/or services, communicate with such third parties or download their content or applications, you may be providing your information to both us and the third party. Further, if you sign-in to a Co- Branded Area with a username and password obtained on the website, your Personal Information may be disclosed to the identified third parties for that Co-Branded Area. Examples of a Co-Branded Area include:
We are not responsible for such third party’s data collection or practices and you should look to such third party privacy policies for more information.


Optional Tools and Outside Links
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our site may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions 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.


What We Do with Your Data
User gives consent to BC COLLECTIVE to collect, store, and use Personal Information and training related data. We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card, and other information,

We will also collect training related information via our subscription software services when Users voluntarily provide that information to us by using the service. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities. BC COLLECTIVE reserves the right to aggregate training data and conduct analysis of the same for commercial purposes, including selling aggregate, anonymized training data to third parties.

Regarding training related information, any such information collected by BC COLLECTIVE is anonymized before storage. It is against BC COLLECTIVE policy to sell training data with any personal identifiers attached. As a general matter, athlete’s that train with or use BC COLLECTIVE’s training tools have a right to privacy. BC COLLECTIVE will not disclose athlete training data to baseball teams or coaches without express permission.

Regarding marketing data, BC COLLECTIVE may keep a record of all visitors to the Web Site. This tracking information may be used to deliver targeted ads on the Web Site, social media or via BC COLLECTIVE's mailing list. Other web site usage data collected by BC COLLECTIVE is anonymized before storage and may be discarded after 12 months.


Changes to the Privacy Policy
We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our website indicates your consent to the privacy policy posted at the time of use and you will be bound by such changes unless you advise us in writing, by phone or by e-mail that you wish to withdraw your consent (as per the procedure outlined above). You are responsible for regularly reviewing the Privacy Policy and any changes thereto.

California Privacy Rights
California’s Civil Code section 1798.100 et seq. provides residents of California a number of rights as they relate to Personal Information. These are the “right to know”, the “right to delete”, and the “right to opt-out”.

Right to Know. You may request us to provide you the specific pieces of Personal Information that we have about you; categories of Personal Information we have collected about you; categories of sources from which the Personal Information is collected; categories of Personal Information that we sold or disclosed for a business purpose about you; categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and the business or commercial purpose for collecting or selling Personal Information. Please note that much of the information you can make a request for is already contained in this Policy. Should you wish to exercise this right, please contact us. If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.

Right to Delete. California law gives residents a limited right to request deletion of their Personal Information. However, this right is limited by a number of exceptions. Fundamentally, if we have a permissible need to retain Personal Information, we are not under an obligation to delete such information, even when requested. Generally, we retain Personal Information so we may complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; comply with a legal obligation; or otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which your provided the information. As such, we generally do not accept requests to delete Personal Information. However, we will respond to requests to remove Personal Information from some of our systems as a part of a request to close or otherwise disable a membership account. If you would like to request deletion of Personal Information, please see the section below which explains how to do so. If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.

Right to Opt-Out. While our practices are not “selling” Personal Information in the traditional sense, our participation in interest-based ad networks can be considered a “sale” under California law. If you would like to opt-out of any sale of your Personal Information, you may do so by using the “opt-out” mechanisms by contacting us.

Designating an Authorized Agent. California law permits California residents to designate an agent to manage their rights under California law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising California Privacy Rights”. Note that If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request. We will also need sufficient Personal Information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their Personal Information to us for the purpose of acting as your agent.

Non-discrimination. California law does not permit us to discriminate against you because you exercised any your rights under this title, including, but not limited to, by: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising California privacy rights. If you are a California resident and would like to exercise any of your rights you may do so by contacting us via the methods noted above in the various sections as well as specified below. Please be aware that we will need to have sufficient information to be able to verify your identity and the rights you have in the data subject to your request.


Modifications to the Service and Prices
Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


Indemnification
You agree to indemnify, defend and hold harmless BC COLLECTIVE and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California.

Institutions

In no way shape or form is any athlete on this site a reflection of any postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics. Our athletes are only earning compensation from the use of their name, image, likeness, and, or athletic reputation. 


Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


Your Acceptance of these Terms
By using this Site, you signify your acceptance of this policy and Terms of Use. If you do not agree to this policy, please do not use BC COLLECTIVE's web site or Services. Your continued use of this web site or Services following the posting of this policy will be deemed consent to the foregoing Terms of Use.

Contact Information
bccollectiveshop@gmail.com
(925) 247-8170

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