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Overview:
Welcome to ThrowTech Sports. We’ve put together some detailed terms and conditions. You should read and understand them as they govern your use of our service.
These Terms of Use provide that all disputes between you and ThrowTech Sports will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with ThrowTech Sports.
These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. We hope you enjoy your ThrowTech Sports experience.
Acceptance of Terms of Use
These Terms of Use, which include our Privacy Policy and End User License Agreement (“EULA”) govern your use of the ThrowTech Sports service, including all features and functionalities, our website and user interfaces, and all content and software associated therewith (the “ThrowTech Sports service” or “service”). By using, visiting, or browsing the ThrowTech Sports service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the ThrowTech Sports service, including our website and user interfaces.
These Terms of Use govern your use of the ThrowTech Sports service and you should read them carefully. The ThrowTech Sports service is provided by ThrowTech Sports. The ThrowTech Sports company that is providing the service to you (referred to as “ThrowTech Sports” and/or “ThrowTech Sports” in these Terms of Use) and with whom you are entering into this agreement.
Changes to Terms of Use
ThrowTech Sports reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and EULA, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms of Use” located at the bottom of the pages of the ThrowTech Sports website. The most current version of the Terms of Use will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Use are updated. You can see changes from previous versions of the Terms of Use that we have posted by visiting our website.
Membership and Billing
You can find the specific details regarding your membership with ThrowTech Sports at anytime by visiting our website and clicking on the “My Account” link.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Passwords
The member who created the ThrowTech Sports account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the ThrowTech Sports account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting ThrowTech Sports Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card) associated with their account.
BY SHARING THE ThrowTech Sports SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the ThrowTech Sports service, ThrowTech Sports implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the ThrowTech Sports service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a device, you should logout and/or deactivate the device before doing so. Similarly, if your device is lost or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the ThrowTech Sports service/website through your account and may be able to access certain of your account information.
If you find that you’re a victim of identity theft and it involves a ThrowTech Sports account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the ThrowTech Sports website and not through a hyperlink in an email or any other electronic communication, even if it looks official. ThrowTech Sports reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity.
Disclaimers of Warranties and Limitations on Liability
THE ThrowTech Sports SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE ThrowTech Sports SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ThrowTech Sports SERVICE, OUR WEBSITE, AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. ThrowTech Sports DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ThrowTech Sports SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT ThrowTech Sports MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE ThrowTech Sports SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. ThrowTech Sports SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, AND ThrowTech Sports SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the ThrowTech Sports service or on the ThrowTech Sports website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the ThrowTech Sports service and/or website or user interfaces, (iv) delivery and or display of any content contained on the ThrowTech Sports website, user interfaces, or otherwise through the ThrowTech Sports service; and (vii) any losses or damages arising from the use of the content provided on the ThrowTech Sports website, user interfaces, or otherwise through the ThrowTech Sports service itself or any conduct by users of the ThrowTech Sports service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on web site content, blogs, opinions or posts from the ThrowTech Sports blog, or any of the social networks where the media may be passed or from the ThrowTech Sports service or the descriptions of any content contained on our website and user interfaces. We do not represent or guarantee that your use of the ThrowTech Sports service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon ThrowTech Sports or its affiliated parties.
IN NO EVENT SHALL ThrowTech Sports, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ThrowTech Sports SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE ThrowTech Sports SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE ThrowTech Sports SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) CURRENTLY AVAILABLE ON THE ThrowTech Sports WEB SITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
ThrowTech Sports MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE COMPATIBILITY OF A DEVICE USING OUR SERVICE/WEBSITE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service.
Intellectual Property
• Copyright
The ThrowTech Sports service, including all content included on the ThrowTech Sports website and user interfaces, or delivered to members as part of the service, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of ThrowTech Sports or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by ThrowTech Sports on our website and user interfaces, or in connection with the ThrowTech Sports service are the exclusive property of ThrowTech Sports and its licensors and are protected by the copyright and trade secret laws in the territories in which the ThrowTech Sports service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from ThrowTech Sports or its licensors. You agree to adhere to the restrictions set forth under “ThrowTech Sports streaming software” and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the ThrowTech Sports service, not to insert any code or product or manipulate the content of the ThrowTech Sports service in any way, and not to use any data mining, data gathering or extraction method. ThrowTech Sports reserves the right to terminate your membership hereunder if ThrowTech Sports, in its sole and absolute discretion, believes that you are in violation of ThrowTech Sports software restrictions, restrictions against copying videos on our website, or other unauthorized copying or use of our proprietary content in violation of the copyrights of ThrowTech Sports and its licensors. ThrowTech Sports does not promote, foster or condone the copying of videos or any other infringing activity. The use of the ThrowTech Sports service, videos on our website, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the ThrowTech Sports service/website, including any on the ThrowTech Sports website and user interfaces.
• Trademarks
ThrowTech Sports is a registered trademark of ThrowTech Sports. The ThrowTech Sports logo, ThrowTechSports.com, ThrowTech Sports, perssummit.com, Profiles, are trademarks or service marks of ThrowTech Sports. The ThrowTech Sports website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of ThrowTech Sports, LLC. The trademarks, service marks and trade dress of ThrowTech Sports may not be used or reproduced without prior written approval from ThrowTech Sports and may not be used in connection with any product or service that is not affiliated with ThrowTech Sports, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of ThrowTech Sports, or in any manner that disparages or discredits ThrowTech Sports. Other trademarks that appear on the ThrowTech Sports website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ThrowTech Sports. Any images of persons or personalities contained on the ThrowTech Sports website and user interfaces are not an indication or endorsement of ThrowTech Sports or any particular product or our service unless otherwise indicated.
Use of Information Submitted
ThrowTech Sports is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the ThrowTech Sports service, including the ThrowTech Sports website, blog, and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ThrowTech Sports service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note ThrowTech Sports does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ThrowTech Sports. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ThrowTech Sports and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of videos, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Customer Service
If you need assistance with your account, you may find answers and reach Customer Service at any time, where you will find the answers to many frequently asked questions and information on reaching a Customer Service representative.
The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service. We may utilize the services of third parties in providing you customer service support.
Your Conduct in Accessing the ThrowTech Sports Service
By accessing the ThrowTech Sports service, including the ThrowTech Sports website and user interfaces, you agree to use the ThrowTech Sports service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit 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 associated with the ThrowTech Sports service. You also agree not to impersonate any other person while using the ThrowTech Sports service, conduct yourself in a vulgar or offensive manner while using the ThrowTech Sports service, or use the ThrowTech Sports service for any unlawful purpose.
You agree that all of the foregoing restrictions apply not only to the ThrowTech Sports service, but also to the servers and networks connected to any portions of the ThrowTech Sports service whether operated by ThrowTech Sports or third parties (“Networks”). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else’s use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or email header information (e.g., “spoofing”), use Networks to send “spam” (i.e., unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks.
Limitations on Use
You must be 21 years of age or older to become a user of the ThrowTech Sports service or website. In certain jurisdictions, the age of majority may be older than 21, in which case you must satisfy that age in order to become a member. While individuals under the age of 21 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use. While ThrowTech Sports does distribute products that may be watched by children, the ThrowTech Sports service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, the ThrowTech Sports service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the ThrowTech Sports service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the ThrowTech Sports service, without our express written consent. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the ThrowTech Sports service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ThrowTech Sports without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the ThrowTech Sports name or trademarks without our express written consent. Any unauthorized use of the ThrowTech Sports service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership. With specific respect to the Blog and Website you must ask permission before sharing anything. We ask Bloggers always include an explicit link back to the original post. All negative comments on the Blog will be deleted. Any information posted to the Blog that ThrowTech Sports or ThrowTech Sports feels is not appropriate will be removed at the sole discretion of the company.
Claims of Copyright Infringement
It is the policy of ThrowTech Sports to respect the intellectual property rights of others. ThrowTech Sports does not condone the unauthorized reproduction or distribution of movies, Video Documentary shows, or other copyrighted content.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee, County, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
Arbitration Agreement
You and ThrowTech Sports agree that any dispute, claim or controversy arising out of or relating in any way to the ThrowTech Sports service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review
Online Store Policies
Online Store Privacy
Please click here to view our Privacy Policy
Online Store Shipping
At this time, ThrowTech Sports only ships to the continuous states. Virtual products do not require shipping and refunds are not accepted. All orders are shipped via the best possible manner depending on your location. Most orders are typically shipped within 2 to 3 business days (excluding holidays and weekends).
Online Store Returns
Your satisfaction is our priority. If, for any reason, you are dissatisfied with your order, please contact us within 48 hours of receipt of your order for assistance.
Online Store Security
Enjoy safe shopping at ThrowTechSports.com. We use 256 bit Secure Socket Layer (SSL) technology for all transactions. All personal information is encrypted during transmission to our processing system and resides on our secure server. Credit Card information is never stored on our server therefor keeping your information more secure to protect you.
If you have additional questions, please contact Customer Service at (615) 456-6180 or [email protected]ThrowTech Sports