All players will pay $600.00 to Play at the Cage as a non-refundable Club Fee upon registration, which will be credited towards their total Club fees which are $1870.0 in total. The remaining club fees will be automatically charged to your credit card at the beginning of each month, for 5 months, at the rate of $254.00 per month. The payments will start in October. Player Uniform Package is a separate cost of $450.00, which includes 2 game jerseys, 2 pairs of pants, 2 game hats, 1 custom 2- year helmet, and 1 practice jersey/shirt. This will be paid by September 15th before uniform fitting day. A separate sign-up link will be emailed for the club fees and uniform fees.
IMPORTANT: By making the commitment fee you agree to the contract below, all of its terms, and the terms listed on the website under the About link.
PROGRAM PRICING BREAKDOWN / SCHEDULE:
CLUB FEES:
The club fee is $1,870.00 in total, which is paid on the following schedule:
$600 commitment (applied towards club fee)
$450.00 uniform fee, which includes: (2) pants, (2) custom jerseys, (2) game hats, (1) custom 2-year helmet, (1) practice jersey/shirt). You will be sent a link to pay before September 15th.
(5) Payments of $254.00 per month starting in October. You will be sent a link to sign up and start the automatic payment schedule for these (5) payments.
Club fees must be current to attend winter training and utilize the building during normal hours of operation.
TEAM FEES:
Team fees are independently handled by each team. They will vary from team to team based on the number of players and the tournament schedule set by the coach.
PLAYER - PARENT CONTRACT WITH PLAY AT THE CAGE CORP [PAC] AND MOTOR CITY HIT DOGS WESTSIDE [MCHD]
My player and I agree in exchange for participation in baseball training at Play at the Cage, Corp., and the Motor City Hit Dogs Westside to all of the following:
● I agree to observe and obey all posted rules, warnings, verbal direction, instructions given by Play at the Cage staff, employees, representatives or agents and Motor City Hit Dogs Westside coaches;
● I agree to pay for all damage to facilities, equipment and technologies of PAC caused by my negligence, reckless or willful actions;
● I agree to pay all PAC Club Fees in accordance with the outlined payment schedule and understand that my player may be restricted from participation if fees are not timely paid;
● PAC Club fees cover indoor practice days, professional staff training days, use of building for individual training only under supervision of an adult or coach;
● Weight Room waiver MUST BE SIGNED BEFORE use or entry into this restricted area;
● All players will pay $600.00 to PAC as a non-refundable Club Fee upon registration which will be credited towards their total Club fees which are:
8U-10U: $1870.00 11U: $2070.00 12U-18U: $2380.00
Total Club Fees will be due and owing regardless of whether your player completes the full training cycle or team tournament schedule for any reason including injury;
● Player Uniform Package is a separate cost of $450.00 which includes 2 game jerseys, 2 pairs of pants, 2 game hats, 1 custom 2- year helmet, and 1 practice jersey/shirt;
● Player Uniforms and Spirit Wear only through MCHD West Distributor;
● All fees or costs paid or due by or on behalf of your player are non-refundable and deemed earned on deliver to PAC or MCHD;
● There will be teams fee specific to each team and based on tournaments scheduled, umpire fees for league games, coach’s salary and expenses which will be paid in trust and managed by your team treasurer;
● All players must wear turf or gym shoes in the indoor facility.
EXPECTATIONS AND RULES:
Players shall always show respect for the game by way of hustle, attitude umpires, coaches, teammates and opposing teams;
Parents, relatives, and friends attending games shall not engage in harassment and/or abuse of umpires, opposing coaching staff or players as well as our own coaching staff and teammates. Please show respect for everyone on and off the field.
● Players be professional and supportive to each other in the dugout;
● Players must contact their Team Coach and get permission before they can play with another MCHD team;
● Players shall not play for a non MCHD team while a Hit Dog except for MS or HS ball;
● Parents are to honor the 24-hour rule before raising concerns with a coach. Remember, do not approach a coach before, during or after a game except to notify of injury or emergency;
● Players and Parents inform all family members to conduct themselves in a respectful manner at all times while at MCHD events and practices;
● Read and understand the Player Waiver, Release of Liability, Indemnification Agreement below;
1. ASSUMPTION OF THE RISK.
The undersigned assumes all risks which are foreseeable and may arise out of voluntary participation by a player in baseball training, practices, scrimmage games, exhibition games, and/or related baseball activities, or his or her child’s including, but not limited to negligent and or willful, wanton, criminal and or intentional acts of others; the omission of an act of another; a defect or condition of the premises; a defect in the vehicles used for transport; or the unavailability of emergency care.
2. RELEASE.
The undersigned releases PAC and MCHD including its officers, trustees, employees, coaches, volunteers, agents and agree not to initiate litigation on account of or in connection with any claims, causes of action, injuries, illnesses, damages, and/or cost of expenses arising out of the activities involved in baseball training/ practices, scrimmage games, exhibition games, and/or related activities including but not limited to physical injury, sprains or torn ligaments, tendons, muscles; broken bones; bruises; concussions; dislocations; cuts; allergic reactions; injuries due to physical contact with other participants, playing surfaces, and equipment; and other mental, and emotional injuries including those claims and causes of action, illnesses, economic damages, and/or cost of expenses based on death, bodily injury, or property damage whether or not caused by the negligence or other fault of the parties being released.
3. RISK OF CONTRACTING COVID-19.
I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19 including my personal specific risk, player risk and third parties that may spectate at PAC and MCHD events. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and CDC guidelines are regularly modified and updated. I accept full responsibility for familiarizing myself with the most recent updates and recommendations on minimizing risk. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate/attend in the activities identified above. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being in or near the location of activity or participating or attending in the activities. I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on my behalf and any minor children for whom I have the capacity to contract) the MCHD or PAC, their officers, directors, agents, employees, coaches, volunteers, and assigns from any liability related to COVID-19 which might occur as a result of my participation/attendance in the activities.
4. WAIVER.
The undersigned waives the protection afforded by any statute or law in any jurisdiction whose purpose, substance, cause and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing this release. This means, in part, that the undersigned is releasing any and all unknown future claims.
5. INDEMNITY AND DEFEND. The undersigned agrees to indemnify and defend PAC or MCHD and all of its officers, trustees, employees, coaches, volunteers and agents (hereinafter jointly referred to as “indemnitee”) against, and hold them harmless from, any and all claims, causes of action, damages to or destruction of any property of the indemnitee or any others, infection of COVID-19 or any other illness, injury or death that may result to the undersigned, the undersigned’s child, or anyone else.
6. MEDICAL CARE.
I understand and agree that PAC and MCHD will not provide its own medical personnel and will rely on the 911 system. I hereby give my consent to an officer, trustee, employee, coach, volunteer and/or agent to provide me or my player with medical assistance and/or treatment in the event of an emergency. I also agree to allow disclosure of any and all medical information about me, my player with any party called to assist in my care. Finally, I agree to save and hold harmless and indemnify from all liability, loss, cost, claim, lawsuits, or damage, whatsoever, including injury, death, or property damage, which may be imposed upon PAC or MCHD because of any defect in or lack of such capacity to so act or or alleged to be caused, in whole, or in part, by the negligence of the released parties.
7. JURISDICTION/VENUE/GOVERNING LAW:
The protections provided by this Assumption of Risk, Waiver, and Release from Liability only enhance those protections already provided by the laws of the State of Michigan. This Assumption of Risk, Waiver and Release from Liability shall be construed and enforced according to the laws of the State of Michigan, and any action to enforce any provision contained herein shall be brought exclusively in the State of Michigan.
8. SEVERABILITY.
If any provision of this Agreement is prohibited, invalidated, or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction, unless it materially alters the nature or material terms of this Agreement.
9. ACKNOWLEDGEMENT.
THE UNDERSIGNED HAS READ AND UNDERSTANDS THIS AGREEMENT AND ACKNOWLEDGES BY SIGNING I AM SURRENDERING AND RELEASING VALUABLE LEGAL RIGHTS AND DOES SO FREELY AND VOLUNTARILY. MOREOVER, THE UNDERSIGNED UNDERSTANDS THAT HIS OR HER PARTICIPATION OT ATTENDANCE IN THE ABOVE NOTED ACTIVITIES OR HIS OR HER CHILD’S PARTICIPATION/ATTENDANCE IN THE ABOVE NOTED PROGRAM IS VOLUNTARY AND NO CLAIM WILL BE FILED BY ME, MY PLAYER, OR OTHER MINOR WHICH I HAVE A LEGAL DUTY TO PROTECT.
In consideration of the opportunity to participate in athletic and/or baseball related training with PAC and MCHD, including all physical activities, workouts, weight lifting, or use of any equipment, collectively hereinafter “The Activities”, I hereby agree to the following Waiver and Release of Liability (Agreement):
1. Waiver and Release of Liability: My participation in The Activities is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, and/or result in death) and loss or damage to my property (collectively, Risks).
a. I hereby release and hold harmless PAC and MCHD, its officers, directors, employees, agents, volunteers, and contractors (collectively, Releasees) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (Claims), including those caused by the negligent acts or omissions of any or all of the released parties.
b. I recognize the physical exertion involved in the sports activities and attest and certify that my player and I are physically fit to compete safely, and I have not been advised otherwise by a healthcare professional.
c. As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in The Activities, including those sustained on the premises where The Activities is conducted and while I am traveling to and from such premises, regardless of the location or mode of transportation.
d. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
2. General Provisions:
a. I hereby expressly agree that (1) this Agreement shall be governed and construed according to the laws of the state of Michigan without regard to its conflict of laws provisions and (2) any action or proceeding concerning any Claim or the meaning or effect of any provision of the Agreement shall be conducted only in the federal or state courts located in Ann Arbor, Michigan, and that for such purposes, I expressly submit to the jurisdiction of such courts.
Player’s Travel Commitment and Code of Conduct Agreement
It is the purpose and intent of PAC and MCHD to create and offer quality learning and travel team playing opportunities. This means you are required to appear at all tournaments selected by your team. Additionally, you agree to follow the Code of Conduct which is constructed as an instrument to emphasize those values, principles, and beliefs which are central to the foundation, structure, and operation of the organization.
● Players will refrain from unsportsmanlike gestures, talk, language, or profanity. Players will not taunt or tease players on the opposing team.
● All players will show respect towards the umpires and their decisions. All decisions made by the umpires are to be accepted as final. No player should argue a call or judgment. Only the Coach has the authority and standing to challenge a call or decision.
● No team member shall throw his bat, helmet, glove or any object on or off the playing field at any time.
● Accept the team coach’s decision regarding playing positions and the amount of playing time. I understand that this is a travel team and there are no guarantees of playing time or position. Neither PAC nor MCHD as an organization makes team coaching decisions.
● Coaches are to be respected at all times and they make mistakes too.
● Understand that any violations may result in a game suspension. Players must attend and sit on the bench for the suspended game(s) in jersey and hat and support their team.
● Understand that PAC and MCHD reserve the right to release any player from training or the team for poor sportsmanship by the player and/or the players’ family during games or for other reasons to include but are not limited to unsportsmanlike conduct, disrespect, lack of cooperation, poor attitude, lack of commitment, effort or attendance.
● Understand that the coach may impose additional rules, guidelines and/or policies that I am required to follow and failure to comply with the rules, guidelines and/or policies is a violation of your commitment.
● You are committed to the MCHD for the duration of the teams’ season. You shall not be on another team’s roster unless you have obtained written approval from MCHD. Any violation of this rule will result in immediate removal from PAC and MCHD. There will be no refunds of payments made and you will be responsible for the balance of your fees and costs owed under this contract.
Parents' Code of Conduct and Parent/Guardian Commitment
● Obey all rules and regulations of PAC and MCHD.
● Use of tobacco or alcohol is strictly prohibited around the players and facilities. Anyone caught in violation will face admonishment, discipline up to and including suspension or removal from the program.
● Refrain from giving the players instructions during the game. Allow the coaches to manage the team and game. Refrain from dugout visits.
● Get your player to practice and games on time.
● Do not ridicule or yell at your player for making a mistake or for losing a game.
● Do not publicly question an umpire’s judgment and honesty. Accept the umpires’ decision as final and respect the fact that they too make mistakes.
● Support all efforts to remove verbal and physical abuse from youth sporting activities.
● If you have a problem/conflict with the manager or coaches, do not approach them before, during or after a game. Call the coach after the 24 hour cooling off rule to discuss the matter or set a meeting if necessary.
● Accept the coaches’ decision regarding playing positions and amount of playing time.
● Understand that PAC and MCHD reserve the right to release any player from the team for poor sportsmanship by the player and/or the player’s family during games or for other reasons to include but are not limited to lack of cooperation, poor attitude, and lack of commitment, effort or attendance.
● Understand that any removal of your player and/or a family member from a game will result in a one (1) game minimum suspension for the player and your family. A suspended player must attend and sit the bench in full team uniform.
● If a player is dismissed from practice the team coach has the discretion to suspend the player for a minimum of 1 game.
● Understand that the coach may impose additional rules, guidelines and/or policies that I am required to follow and failure to comply with the rules, guidelines and/or policies is a violation of your commitment.
● There will be no refunds in the event a player is removed from the team.
Penalty for Ejection from Game or Tournament
If an ejection occurs (player or family member), it will be in the discretion of the team coach to determine further penalty, up to and including suspension for a maximum of 3 games. If a player is ejected a second time or acts out physically towards another individual, he/she will not be allowed to attend any PAC or MCHD event for the remainder of the travel season. There will be no refunds of club fees, tournament fees or other costs.
AGREEMENT TO OUR LEGAL TERMS
We are Play at the Cage ("Company," "we," "us," "our"), a company registered in Michigan, United States at 235 Spencer Ln, Ypsilanti, MI 48198, USA, Ypsilanti, MI 48198.
We operate the website https://www.motorcityhitdogswestside.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at (+1)734-646-3820, email at motorcityhitdogswestside@gmail.com, or by mail to 235 Spencer Ln, Ypsilanti, MI 48198, USA, Ypsilanti, MI 48198, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Play at the Cage, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
7. USER GENERATED CONTRIBUTIONS
12. MODIFICATIONS AND INTERRUPTIONS
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
21. CALIFORNIA USERS AND RESIDENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
▪ access the Services; and
▪ download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: motorcityhitdogswestside@gmail.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
▪ confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
▪ to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
▪ warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
▪ warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
5. POLICY
All sales are final and no refund will be issued.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
▪ Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
▪ Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
▪ Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
▪ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
▪ Use any information obtained from the Services in order to harass, abuse, or harm another person.
▪ Make improper use of our support services or submit false reports of abuse or misconduct.
▪ Use the Services in a manner inconsistent with any applicable laws or regulations.
▪ Engage in unauthorized framing of or linking to the Services.
▪ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
▪ Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
▪ Delete the copyright or other proprietary rights notice from any Content.
▪ Attempt to impersonate another user or person or use the username of another user.
▪ Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
▪ Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
▪ Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
▪ Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
▪ Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
▪ Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
▪ Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
▪ Use a buying agent or purchasing agent to make purchases on the Services.
▪ Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
▪ Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
▪ Use the Services to advertise or offer to sell goods and services.
▪ Sell or otherwise transfer your profile.
7. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
▪ The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
▪ You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
▪ You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
▪ Your Contributions are not false, inaccurate, or misleading.
▪ Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
▪ Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
▪ Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
▪ Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
▪ Your Contributions do not violate any applicable law, regulation, or rule.
▪ Your Contributions do not violate the privacy or publicity rights of any third party.
▪ Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
▪ Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
▪ Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
8. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
10. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.motorcityhitdogswestside.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
11. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
13. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be entirely performed within the State of Michigan, without regard to its conflict of law principles.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Washtenaw, Michigan. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Washtenaw, Michigan, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
15. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
23. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Play at the Cage
235 Spencer Ln, Ypsilanti, MI 48198, USA
Ypsilanti, MI 48198
United States
Phone: (+1)734-646-3820
motorcityhitdogswestside@gmail.com
These terms of use were created using Termly's Terms and Conditions Generator.
General Play at the Cage Refund Policy
Play at the Cage (Home of the Motor City Hit Dogs) has a NO REFUND policy.
All sales are final. There are no refunds.
Recurring Membership / Event Registration Fees / Cage Rental Fees / Training Space Rental Fees:
▪ Membership, Event Registration fees, Cage Rental Fees and Training Space Rental Fees are non-refundable.
▪ For cancelled memberships which are being paid for on a monthly basis, billing will stop at the time of cancellation.
By making a purchase on the Play at the Cage (Motor City Hit Dogs Westside) website, you acknowledge that you have read and agree to this No Refund Policy.
Committed Motor City Hit Dogs Player Refund Policy
NO REFUND POLICY SUMMARY- It is the intention of Play at the Cage (Motor City Hit Dogs Westside) to provide an outstanding youth sport experience for all players. We believe that we have provided full disclosure and transparency for all attributes to registering for our program. In addition, we have incurred significant portion of the player expenses that cannot be returned. Some of these are field expenses, insurance, league fees, uniforms etc.
Therefore, we do not believe a refund is in order. We reserve the right to discuss very extreme situations that may arise that are totally out of the control of the player or family. The amount provided back to the family is at the discretion of the Play at the Cage (Motor City Hit Dogs Westside) Board of Directors. The amount agreed to be returned would be returned within 30 days of a decision.
You are committed to the Motor City Hit Dogs Travel Team for the duration of the teams’ season. You are not allowed to be on another team’s roster unless you have obtained approval from the Motor City Hit Dogs Travel Program. Any violation of this rule will result in immediate removal from the Motor City Hit Dogs Team and all monies collected will not be refunded.
Understand that the Motor City Hit Dogs Travel Baseball Program reserves the right to release any player from the team for poor sportsmanship by the player and/or the player’s family during games or for other reasons to include but are not limited to lack of cooperation, poor attitude, and lack of commitment, effort or attendance. If released from the program Motor City Hit Dogs Team and all monies collected will not be refunded.
All monies collected will not be refunded if player is separated from the Motor City Hit Dogs for any reason.
Penalty for non-compliance:
If an ejection occurs (player or family member), it will be the discretion of the coaching staff to determine punishment, up to and including suspension for a maximum of 3 games. If a player is ejected a second time or acts out physically towards another individual, they will not be allowed to attend any Motor City Hit Dogs sports activity for the remainder of the travel season and all monies collected will not be refunded.