CageList Terms of Service
Last Updated: Sept 15, 2020Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the CageList Platform, you agree to comply with and be bound by these Terms of Service.
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These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and CageList (as defined below) governing your access to and use of the CageList website, including any subdomains thereof, and any other websites through which CageList makes the CageList Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "CageList Services"). The Site, Application and CageList Services together are hereinafter collectively referred to as the “CageList Platform”. Our other Policies applicable to your use of the CageList Platform are incorporated by reference into this Agreement.
When these Terms mention “CageList,” “we,” “us,” or “our,” it refers to the CageList company you are contracting with.
Batting Cages Owners alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Batting Cage Services. For example, some cities have laws that restrict their ability to provide certain Batting Cage Services. In many cities, Batting Cages may have to register, get a permit or obtain a license before operating their Batting Cage. Batting Cages are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Batting Cage or Sports Training Services they offer. Certain types of Batting Cage Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Batting Cage Service(s) on CageList, you should always seek legal guidance.
Table of Contents
- Terms and Conditions
- Account Registration
- Protect Login Information
- Proprietary Data and Communication
- Third-Party Sites
- Batting Cage Listings
- Batting Cage Inspection Corporate Partnerships
- Booking and Financial Terms
- Damages and Security Deposits
- Overstaying or Usage without Consent
- Cancellations and Refunds
- User Conduct
- Term, Suspension and Termination
- Digital Millennium Copyright Act (DMCA)
- Class Action Waiver
- Equitable Relief
- Communications Decency Act Notice
- Assumption of Risk and Waiver
- Indemnification and Limitation of Liability
- Governing Law and Jurisdiction
- Contact Information
- “CageList.com”, and/or “CageList” shall mean CageList, LLC and its online Platform that connects, Batting Cage owners, (“Hosts”), with potential guests (“Guests”), collectively “Parties”.
- “Account” means the account a person registers for to become a Member with CageList to use the Site, Application or Services.
- “Allowed Duration” has the meaning set forth in Section 10.
- “Ambassador Program” means the ambassador program established by CageList, if any.
- “Application” means any applications for mobile and other smart devices and application program interfaces through which CageList provides services, if any.
- “Booking Request Period” means the time period after Guests books a Batting Cage through the Site or Application, and before Hosts confirms or rejects such Booking.
- “Booking”or “Rental” means a limited license granted by the Hosts to the Guests to use the Batting Cage for the limited duration of the confirmed Booking.
- “Collective Content” means Member Content and CageList Content.
- “Communication” means an email, message via the Application, and text message or message among Guests, Hosts, and CageList.
- “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- “Listing” means Batting Cage that is listed by a Hosts as available for Booking via the Platform.
- “Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or CageList promotional campaign to be made available through the Platform.
- “Member” refers to a person who completes CageList’s account registration process, including but not limited to Hosts and Guests, as described under “Account Registration” below.
- “Occupancy Tax” has the meaning set forth in Section 16.
- “Payment Method” means a payment method that you have added to your CageList Account, for instance, a credit card, debit card, or PayPal.
- “Payout Method” means a payout method that you added to your CageList Account, for example, PayPal, direct deposit or electronic funds transfer, a prepaid card or a debit card (where available).
- “Platform” refers to the CageList Site, Application and Services.
- “Batting Cage” means the Batting Cage, any other relevant training area included in the facility, (i.e. pitching mound) and surrounding space (i.e. backyard) booked for a specified duration as specified by the Booking and as agreed upon by the Parties.
- “Batting Cage Fees” means the amounts due by Guest in exchange for use of a Batting Cage, exclusive of Service Fees and Taxes as defined by Hosts.
- “Hosts” means a Member who creates a Listing and rents its Batting Cage via the CageList Platform.
- “Hosts Fee” means the fee CageList charges a Hosts for use of the Services, which is calculated as a percentage of the applicable Batting Cage Fees.
- “Service Fees” means collectively the Guest Fees and the Hosts Fees plus any third-party charges associated with collection of payment.
- “Services” means the services CageList makes available through its site for Hosts to list Batting Cages and for Guests to book such Batting Cages.
- “Site” means www.CageList.com and any other website through which CageList makes Services available.
- “Guest” means a Member who rents or books a Listing via the Platform and uses the Batting Cage according to the agreement governing the Booking.
- “Guest Fee” means the fee that CageList charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Batting Cage Fees.
- “CageList Content” means all content that CageList makes available through the Platform or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
- “Tax Authority” has the meaning set forth in Section 16.
- “Tax”or “Taxes” means any sales , value added taxes (VAT), goods and services taxes (GST), transient occupancy, tourist or other visitor taxes, Batting Cage or lodging taxes, fees Hosts may be required by law to collect and remit to governmental agencies, other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes, or any other tax that is required to be or permitted to be collected by law.
- “Terms” means these Terms.
- “Total Fees” means collectively the Batting Cage Fees plus Service Fees (inclusive of Guests and Hosts Fees) and Taxes.
- “You”or “your” means you as a Member, unless otherwise specified. The Terms may apply to you as a Guests and Member or Guests and Hosts concurrently.
2. Terms and Conditions
2.1. Who We Are: CageList is an online marketplace that enables Hosts to list their Batting Cages for Booking and to communicate directly with potential Guests who wish to use those Bookings and to ultimately facilitate transactions whereby Guests pay for and use the Host’s Batting Cage.
2.2. Purpose of Headings: Headings in these Terms are solely for reference objectives and do not limit the scope or extent of such section. Except as otherwise stated in these Terms, if any clause of these Terms are found to be invalid, void, or for any reason unenforceable, such clause shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
2.3. Your Legal Rights: PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY AGREEING TO THESE TERMS, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THAT YOU ARE BOUND TO A LEGAL AGREEMENT BETWEEN YOU AND CAGELIST PURSUANT TO THESE TERMS.
These Terms govern your access or use of the Platform, including but not limited to payment procedures, Collective Content, and the Ambassador Program. The Platform allows Hosts to create Listings for Batting Cages and Guests may learn about and book Batting Cages directly with Hosts. CAGELIST IS NOT A PARTY TO ANY FACET OF ANY AGREEMENTS ENTERED INTO BETWEEN BATTING CAGE OWNERS AND GUESTS, NOR IS CAGELIST AN INSURER, CAGELIST HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION OR SERVICES OR ANY BATTING CAGES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2.4. Modifications: CageList reserves the right, in its sole discretion, to modify the Terms or Platform at any time and without prior notice. If CageList materially changes or modifies these Terms, it will post the modification on the Platform and/or provide you notice of the modification by email. The date the Terms were “ast Updated” will be shown on the Site. Changes to the Terms will be effective at the time of posting. If you disagree with such updated Terms, you may terminate your Account. If you do not terminate your Account, your continued access or use of the Platform will constitute acceptance of the modified Terms.
2.5. No Waiver: CageList, in its sole discretion, may determine whether to prosecute a right or claim, and failing to do so is not a waiver of its right, or of any subsequently accruing right or claim.
2.6. Hosts Duties: HOSTS ARE RESPONSIBLE FOR IDENTIFYING, UNDERSTANDING, AND COMPLYING WITH ALL LAWS, RULES, AND REGULATIONS THAT APPLY TO THEIR LISTINGS. FOR EXAMPLE, SOME CITIES MAY RESTRICT BATTING CAGE OWNERS FROM RENTING FOR SHORT PERIODS OF TIME, HOSTS MAY BE REQUIRED TO REGISTER OR OBTAIN A PERMIT OR LICENSE BEFORE, LISTING A PROPERTY OR ACCEPTING GUESTS. LOCAL LAWS AND ENFORCEMENT VARY FROM CITY TO CITY; PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. If you have questions about the applicability of local laws to your Listing or Batting Cage, you should seek legal guidance. CageList TAKES NO OFFICIAL POSITION ON SUCH LEGAL REQUIREMENTS, SAID DUTY LIES SOLELY WITH THE MEMBERS. With the exception of CageList’s obligations pursuant to these Terms, CageList disclaims all liability and responsibility arising from or related to any Member agreements.
2.7. Member Minimum Age: Members must be at least 18 years old to register for an account, post a Listing, or use the Platform. By accessing the Platform, you represent that you are at least 18 years old. Please report immediately if you are aware of Members under 18, any such Member will be removed immediately. CageList cannot take accountability for the Member’s misuse of CageList. To book a listing that would include a minor who is under 18, you represent that you have the authority to do so.
2.8. Alcohol: Hosts must take adequate measures to confirm the identification and age of those wishing to drink during the event taking place in the Batting Cage. It is illegal to serve alcohol to or purchase alcoholic beverages for a minor. NO INDIVIDUAL UNDER THE AGE OF 21 MAY CONSUME ALCOHOL AT A BOOKING.
2.9.Sharing Personal Information for Reports: You as a Member agree and authorize CageList to facilitate the use of your personal information for the purpose of obtaining third-party reports, as permitted by law. To the extent permitted by applicable laws, CageList may use your personal information to obtain reports from public records of criminal convictions or sex offenders or any other information that can potentially harm anyone associated with CageList Bookings. CageList may, directly or indirectly through third parties, make inquiries to verify your identity to prevent fraud.
3. Account Registration
In order to access certain features of the Site and Application and to book a Batting Cage or create a Listing, you must register for an Account and become a Member. You may register directly via the Platform, or in any other manner described by CageList now or in the future.
Information Required: You will be required to submit personal information such as full name, date of birth, address, and other information to create an Account with CageList for the purpose of verification and safety of the site. You may not create or use more than one Account at a time. You agree that the information you provide us is accurate, current, and complete at all times. CageList reserves the right to suspend or terminate your Account and your access to the Platform if you create more than one Account, or if any information provided proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
4. Protect Login Information
You are responsible for safeguarding your password, user ID or any other form of verification (“Login Information”). You agree that you will not disclose your Login Information to any third party and will take reasonable steps to ensure its security. Unless expressly authorized, you are not permitted to share your Account. You agree that you will take sole responsibility for any activities or actions taken under your Account, whether you authorized such activities or actions. You will immediately notify CageList of any unauthorized use of your Account. Should you share such information with third-parties you are responsible for all consequences and CageList reserves the right to take any action to remedy the effects.
5. Proprietary Data and Communication
5.1. CageList Communication with Members: CageList will not communicate with you via any method unless you consent to such form of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you.
5.2. CageList Use of Member Content: By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. CageList, in its sole discretion, may utilize any Member Content posted for any purpose. By posting any Member Content, you grant CageList a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content, on or through the Platform. Please do not add the personal information of you or someone else to your Member Content.
5.3. You Represent You Own Data You Post: You represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Platform or through CageList promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to CageList the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or CageList’s use of the Member Content (or any portion thereof) on, through or by means of the Platform or CageList’s promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.4. License to App:In the event an Application becomes available, CageList grants you a limited non-exclusive, non- transferable license to download and install the Application to your devices for personal use. If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Please review said Agreement carefully.
5.5. Google Maps:Some parts of this site may use Google Maps, your use of such services are subject to the Google Maps terms.
6. Third-Party Sites
The Platform may contain links to third-party websites or resources. You acknowledge and agree that CageList is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CageList of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
7. Batting Cage Listings
7.1. Listing Requirements: As a Member, you may create Listings for the subject Batting Cage in accordance with these Terms. Nothing in the Agreement or in the Listing may be in contravention of anything in these Terms. Listings must include a valid physical address to be featured on the Site. Listings will be made publicly available via the Platform. It is your duty to disclose all deficiencies relating to your property.
CageList Imposed Requirements: CageList RESERVES THE RIGHT TO IMPOSE ANY AND ALL REQUIREMENTS IT DEEMS FIT WITH REGARD TO SUCH LISTINGS INCLUDING, BUT NOT LIMITED TO, MINIMUM OR MAXIMUM DURATIONS, MINIMUM TIMES BETWEEN LISTINGS, AND MINIMUM PRICING.
You are Responsible for Listings: You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing or Member Content you post, including but not limited to photographs, will be an accurate description of the Batting Cage.
You represent and warrant that any Listing you post and the Booking of, or a Guest’s stay at, a Batting Cage in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as a homeowners association, condominium association, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), tax requirements, intellectual property laws, and rules and regulations that may apply to any Batting Cage included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
7.2. Listing Price: Hosts shall set the Batting Cage Fee for the Listing, and elect in his or her sole discretion whether to include (i) a Batting Cage cleaning fee; (ii) Taxes the Hosts determines that he or she has to collect pursuant to local law; or (iii) any other fee permitted according to the CageList Terms herein. All payments will be charged and made in U.S. dollars.
7.3. Guest Booking Request: Other Members will be able to book your Batting Cage via the Platform based upon the information provided in your Listing, your requirements, and Guests’ search parameters and preferences. You understand and agree that once you approve a Guests requests to Book your Batting Cage, you may not request the Guests to pay a higher price than in the Booking request. Such activity may result in CageList taking account action against Hosts, up to and including removal from the site. Hosts may not list their Batting Cage for rent in any other location.
7.4. Responsibility for other Guests or Co-Owners: You as a Guest or Host are responsible for any modifications to a Booking that you direct CageList customer service to make, and you agree to pay any Batting Cage Fees, Guest Fees, Host Fees, Services Fees, and/or Taxes associated with such Booking Modifications.
7.5. Listing Rankings by CageList:The placement and/or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Party preferences, ratings and/or ease of Booking. Hosts agree that by listing their Batting Cage they will not list it elsewhere.
8. Batting Cage Inspection Corporate Partnerships
CageList has a partnership with MADE Baseball, LLC, the relevant services of which depending on location may differ, as well as, which partners are available (collectively “Batting Cage Assessors”). Batting Cage Assessors inspect Batting Cages for the purpose of assessing compliance with pertinent, federal, state, town and other legal requirements. Please review their policies carefully and reach out to them with pertinent questions. Batting Cage Assessors shall be indemnified from liability in all instances in which they use all commercially reasonable practices to ensure appropriate compliance for each Batting Cage. Should there be a concern with a Batting Cage, Batting Cage Assessors will notify CageList within 48 hours and CageList will address accordingly.
9.1. Hosts should Obtain Insurance: CageList recommends that Hosts obtain appropriate insurance for their Batting Cages. Please review any insurance policy that you may have for your Batting Cage carefully, and in particular, ensure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether your insurance policy will cover the actions or inactions of or relating to Guests (and the individuals the Guest invites to the Batting Cage, if applicable) while at your Batting Cage.
9.2. CageList is not an Insurer: As a Host, you understand and agree that CageList does not act as an insurer. If a Guest requests a Booking of your Batting Cage and stays at your Batting Cage, any agreement you enter into with such Guest is between you and the Guest. It is the responsibility of the Guest to ask the Hosts about insurance.
9.3. CageList can Make a Claim under your Insurance: If you are a Member, you understand and agree that CageList may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to a Batting Cage or any personal or other property located at a Batting Cage. You agree to cooperate with and assist CageList in good faith, and to provide CageList with such information as may be reasonably requested by CageList, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as CageList may reasonably request to assist CageList in accomplishing the foregoing.
10. Booking and Financial Terms
10.1. Payment Method: You authorize CageList to store your Payment Method information and charge your Payment Method as outlined in these Terms. It is the duty of Members to carefully analyze all the practices of chosen payment provider, CageList takes no official position in this matter. If your Payment Method’s account information changes (e.g. account number, routing number, expiration date), you consent to CageList acquiring such information from CageList’s financial services partner or your bank and solely for the purpose of updating your Payment Method on file in your CageList Account. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method.
10.2. Payment Information: In connection with your requested Booking, you will be asked to provide typical billing information such as name, billing address and Payment Method information either to CageList or a third-party payment processor(s). You agree to pay CageList for any confirmed Bookings made in connection with your CageList account in accordance with these Payments Terms by a method supported by the Platform (e.g. PayPal, credit or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the Booking, either directly by CageList or indirectly, via a third-party payment processor or by one of the payment methods described on the Platform. You also authorize CageList to charge any Payment Method on file in your CageList Account if damage caused at a Batting Cage in accordance with these Terms.
10.3. CageList Right to Setoff or Payment Disbursement: CageList reserves the right to setoff any amounts owed to you by CageList with any amounts you may owe CageList. For example, if you as a Host are owed a Batting Cage Fee from CageList, and concurrently owe CageList an overage fee, CageList may setoff the amounts against each other. Similarly, if you as a Guest have booked a Batting Cage and are entitled to a refund for a separate cancelled Booking, CageList may setoff the amounts against each other. Both CageList and you as either a Guest or Host, will be relieved of your obligation with respect to setoff amounts following such a setoff. CageList will initiate payment of Batting Cage Fees less the Service Fees and Taxes to the Host within seven (7) business days after the date of the Booking, subject to any delays not within CageList’s control. If CageList is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, CageList may engage in collection efforts to recover such amounts from you.
10.4. CageList Price Discretion: CageList, in its sole discretion, may increase or discount a Host’s Listing price or a Guest’s Booking cost in any matter it deems appropriate, including but not limited to providing promotional codes to Guests.
10.5. Hosts Process: If you are a Host, and a Booking is requested for your Batting Cage via the Platform, you will be required to either confirm or reject the Booking request within the Booking Request Period, otherwise the request will automatically expire and any CageList collected fees will be returned to the Guest. When you confirm a Booking requested by a Guest, CageList will send you a Communication confirming such Booking, depending on the selections you make via the Platform.Hosts shall set the Batting Cage Fee for the Listing, and elect in his or her sole discretion whether to include (i) a Batting Cage cleaning fee; (ii) Taxes the Host determines that he or she has to collect pursuant to local law; or (iii) any other fee permitted according to the CageList Terms herein.
10.6. Guest Responsibility: Hosts, not CageList, are solely responsible for honoring any confirmed Bookings and making available any Batting Cages reserved through the Platform. If you, as a Guest, choose to enter a transaction with a Host for a Booking, you agree and understand that you will be required to enter an agreement with the Host and accept any terms, conditions, rules and restrictions imposed by the Host. You acknowledge and agree that you, and not CageList, will be responsible for performing the obligations of any such agreements.
10.7. Guest Payments: You as a Guest agree that CageList may charge your Payment Method the Total Fees for any Booking requested in connection with your CageList Account. In order to establish a Booking pending the applicable Host’s confirmation of your requested Booking, you understand and agree that CageList, on behalf of the Hosts, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the Total Fees and/or (ii) charge your Payment Method a nominal amount, not to exceed one dollar ($1), to verify your Payment Method.
10.8. Guest Payment Schedule: Depending on your chosen Payment Method, CageList will either collect the Total Fees (i) at the time of the Booking request or (ii) upon the Host’s confirmation. Generally, CageList will collect the Total Fees due once CageList receives confirmation of your Booking from the applicable Host. However, if you pay with a push Payment Method, CageList will collect Total Fees at the time of your Booking request. If CageList is unable to collect Total Fees in the ordinary course, it may elect to collect Total Fees at a later time. Once the payment transaction for your requested Booking is successfully completed you will receive a confirmation email summarizing your confirmed Booking.
10.9. These are terms and conditions that commonly apply to promotions on CageList.com, including ones where you must redeem a promotional code as part of the offer and where no alternative terms and conditions apply.
- - This is a limited time offer.
- - CageList reserves the right to modify or cancel the offer at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel the offer at any time.
- - Offer limited to one per customer and account.
- - Offer may not be combined with other offers.
- - Offer is non-transferrable and may not be resold.
- - If the booking is refunded, your refund will equal the amount you paid for the product or content, subject to applicable refund policies.
- - Offer discount will be allocated proportionally among all promotional items in your order.
- - If you violate any of the offer terms, the offer will be invalid.
Service Fees or charges may include collection fees, convenience fees, other third-party charges or any other fee that may be needed to address your account and is permitted by law. Where applicable, CageList may also charge Taxes relating to the Host Fees and Guest Fees. CageList deducts the Host Fees from the Batting Cage Fees before remitting the balance to the Host.Balances will be remitted by CageList to Host via the Payout Method selected by the Host in the Host’s currency of choice, depending on the selections Host makes via the Platform. CageList may, in its sole discretion, round up or round down amounts payable from or to Guests and Hosts to the nearest whole dollar (i.e. $101.50 to $102.00, or $101.49 to $101.00).
12.1. Duty for Damages and Lost Objects: You as a Guest are responsible for leaving the Batting Cage (including any personal or other property located at a Batting Cage) in the condition it was in when you arrived. You are also responsible for all items you bring with you to the Batting Cage and should you leave such items at the Batting Cage, the Host can elect to return them, however, it is not his or her duty to do so.
12.2. Guests Guests Liability: You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and the acts and omissions of any individuals you invite or otherwise provide access to, the Batting Cage.
12.3. Damage Payment Process: If a Host claims and provides evidence of damage to its Batting Cage (“Damage Claim”), including but not limited to photographs, you agree to pay the cost of replacement. Such cost may be collected from the Payment Method used to book the Batting Cage, or any other Payment Method on file at the time of the Damage Claim. CageList reserves the right to collect payment from you and pursue any options available if it is unable to collect from the Payment Method.
12.4. Incident Reporting: You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide CageList or insurance-related parties with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by CageList, or third party insurers. After an incident, you may not continue to use the Batting Cage unless you have the explicit permission of CageList.
12.5. Host Remedies: If a Host has a Damage Claim for a confirmed Booking, the Host may seek payment from the Guest through CageList. The Host may escalate the Damage Claim to CageList if the Host and Guest are unable to resolve a Damage Claim. If escalating the Damage Claim to CageList, the Host must send evidence of the damage to CageList. If a Host escalates a Damage Claim to CageList, you as a Guest will be notified of the Damage Claim and be given an opportunity to respond. If you as a Guest agree to pay the Host in connection with a Damage Claim, or if CageList determines, in its sole discretion, that you are responsible for damaging a Batting Cage or any personal or other property located at a Batting Cage, CageList will collect any such costs from you from the Payment Method in accordance with the Payments Terms. CageList also reserves the right to otherwise collect payment from you and pursue any avenues available to CageList in this regard, in situations in which you have been determined, in CageList’s sole discretion, to have damaged any Batting Cage or any personal or other property located at a Batting Cage.
12.6. Member Cooperation: Members agree to cooperate with and assist CageList in good faith and to provide CageList with such information as well as to take such actions as may be reasonably requested by CageList, in connection with any Damage Claims or other complaints or claims made by Members relating to Batting Cages or any personal or other property located at a Batting Cage or with respect to any investigation undertaken by CageList or a representative of CageList regarding use or abuse of the Platform. You as a Guest, upon CageList’s reasonable request and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Hosts, at no cost to you, which process will be conducted by CageList or a third party selected by CageList or its insurer, with respect to losses for which the Host is requesting payment from CageList under these terms.
13. Overstaying or Usage without Consent
13.1. Batting Cage Availability: You as a Host agree to make the Batting Cage available for the duration agreed upon either (i) at the time of Booking, or (ii) such other time as mutually agreed upon by you and the Guest (“Allowed Duration”). If you fail to do so, you shall be subject to a charge of at least $50 for every half hour increments for which the Batting Cage is unavailable for the duration of the Booking, to be deducted from amounts owed to you by CageList for the Booking. CageList reserves the right to take whatever action necessary to address these kinds of actions on its Platform.
13.2. Overstaying as a Guest: You as a Guest agree that your confirmed Booking grants you a limited license to enter and use the Batting Cage for the Allowed Duration. If you exceed the Allowed Duration, without the Host’s consent, you agree that the Host or CageList may charge you a rate of at least $100 for every half hour increment exceeding the Allowed Duration and Host may set out other fees in their independent agreement. This amount shall be to compensate the Hosts for any inconvenience. CageList is authorized to collect fees pursuant to this Section from the Guest’s Payment Methods.
13.3 Unauthorized Access of Batting Cage: You as a Guest agree that you are responsible for any individuals whom you invite to, or otherwise provide access to, the Batting Cage, and as such, if you invite or provide access to more persons than agreed upon between you and the Host or otherwise permitted by the Host, you will be subject to a $25 fee per person per hour in excess of the agreed upon number of persons.
14. Cancellations and Refunds
14.1. Host Cancellations: If you cancel a confirmed Booking made via the Platform, CageList will refund the Total Fees for such Booking to the applicable Guest. If, as a Host, you cancel a confirmed Booking, you may be subject to a cancellation fee. Each host on the Platform sets the cancellation policy for their Batting Cage. For cancellations made 72 hours prior to the Booking date, you will not be charged a cancellation fee, unless such cancellation causes CageList unexpected fees (cost of unexpected fees will apply to cancellation at any time). For cancellations made within 24 through 72 hours prior to the Booking date, you will be charged a cancellation fee equal to 50% of the Total Fees. For cancellations made within 24 hours of the confirmed Booking date, you will be charged a cancellation fee equal to the Total Fees. Other consequences may apply to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) increasing the Hosts Fee payable to CageList for future Listings.
14.2. Guest Cancellations: If as a Guest you wish to cancel a confirmed Booking made via the CageList Platform, you may do so on the Platform. Guest’s cancellation effects will be based on the cancellation policy elected by Host.
14.3. Cancellations Generally: In certain circumstances, CageList may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Platform. This may be for reasons set forth on the Site or for any other reason as deemed fit under CageList’s discretion. CageList may also determine, in its sole discretion, to forgo a cancellation fee from the Host or refund to the Guest part or all of the amounts charged to the Guest. You agree that CageList will not have any liability for such cancellations or refunds. If Guest or Hosts have medical circumstances which prevent them from taking the reservation with medical evidence, the party shall not be financially responsible. You must submit all cancellations through the CageList Platform. Your cancellation of a Listing is not effective unless and until you have requested the cancellation through your CageList account. You acknowledge and agree that any and all Fees (as defined herein) are 100% non-cancellable and non-refundable. You may only cancel one Booking in any three (3) month period. If you cancel any Booking, your calendar will stay blocked for the cancelled Booking and you will not be able to accept another reservation for the same date of the canceled reservation.
14.4. Other Host Cancellations: In certain circumstances, such as rain, CageList may decide, in its sole discretion, that it is necessary or desirable to postpone a confirmed Booking made via the Platform. In the event of rain, CageList will allow the Host to accommodate the reservation at a different date, within one weeks time from the initial booking date. CageList will allow the Host to cancel the reservation due to rain, and the reservation price, minus the 10% service fee per booking.
CAGELIST RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO REMOVE OR DISABLE ACCESS TO ANY LISTING FOR ANY REASON, INCLUDING LISTINGS THAT CAGELIST, IN ITS SOLE DISCRETION, CONSIDERS TO BE OBJECTIONABLE FOR ANY REASON, IN VIOLATION OF THESE TERMS OR CAGELIST’S THEN-CURRENT POLICIES, OR OTHERWISE HARMFUL TO THE SITE, APPLICATION OR SERVICES.
15. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform and Collective Content, you agree that you may not and will not (as applied to primary headers 15.1, 15.2):
15.1. Violate the Law or Policies: Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- - Age
- - Religion
- - Ethnicity/ nationality
- - Disability/ medical history
- - Marriage / civil partnership
- - Pregnancy / maternity/ paternity
- - Gender identity/ sexual orientation
- - Any discrimination against a Member can result in any consequences up to and including expulsion from the site and potential even civil or criminal penalties. We will not be lenient in cases of assault, sexual harassment or violence, whether physical or psychological.
- - Different backgrounds
15.1.1 Member agrees not to violate these Terms or CageList’s then-current Policies and Community Guidelines or Standards, if any exist; CageList will not tolerate any discriminatory actions taken by guests and hosts. CageList complies with all anti-discrimination laws. We explicitly prohibit offensive behavior (e.g. derogatory comments towards colleagues of a specific gender or ethnicity.)
15.1.2 Discrimination is any negative action or attitude directed toward someone because of protected characteristics, like race and gender. Other protected characteristics are:
What to do in cases of discrimination
If you are the victim of discriminatory behavior (or if you suspect that others are being discriminated against) please contact us as soon as possible.
Punishment for discriminatory behavior depends on the severity of the offense. For example, inadvertently offending someone might warrant a reprimand. Conversely, willfully bypassing a Guest because of a protected characteristic will result in termination from the site.
How we address discrimination complaints
CageList is proactive and responsive about determining whether discrimination occurs.
We will investigate all claims discreetly. We will never disclose who made a complaint to anyone or give out information that may help others identify that person (e.g. which department or role they work in.)
We should all strive to prevent and address discrimination. Be aware of your implicit biases and speak up whenever you or your colleagues are discriminated against. If you have any ideas on how we can ensure fairness and equality in our workplace, we are happy to hear them.
15.2 Page Scrape or Cause Site Damage: Use manual or automated software, scripts or systematic retrieval, or devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in the Platform or Collective Content or any other form of gleaning information to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like; Member will not:
- 15.2.1 interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- 15.2.2 access, tamper with, or use non-public areas of the Platform, CageList’s computer systems, or the technical delivery systems of CageList’s providers;
- 15.2.3 attempt to probe, scan, or test the vulnerability of any CageList system or network or breach any security or authentication measures;
- 15.2.4 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CageList or any of CageList’s providers or any other third party (including another user) to protect the Platform or Collective Content or attempt to decipher, decompile, disassemble or reverse engineer any of the software used for the Platform or collective content;
- 15.2.5 forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform or Collective Content to send altered, deceptive or false source-identifying information;
15.3 Use for Restricted Commercial Purposes: Use the Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies CageList endorsement, partnership or otherwise misleads others as to your affiliation with CageList;
- Member will not:
- 15.3.1 Use Platform Content: Use, display, mirror or frame the Platform or Collective Content, or any individual element within the Platform or Collective Content;
- 15.3.2 No Use for Competing Business: Access the site for the purpose of a competing platform or business as a Hosts, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
- 15.3.3 Cannot Circumvent CageList: Attempt to bypass CageList to rent or book any Batting Cage outside the CageList Platform. Members discovered violating this rule will owe CageList the full cost they would have incurred on the site, plus fees incurred by CageList. Additionally, Members cannot use the Platform or Collective Content to find a Hosts or Guest and then complete a Booking of a Batting Cage independent of the Platform;
- 15.3.4 Reputational Harm: Purport to say or take any actions with regard to CageList that has the potential to harm, damage or tarnish its reputation in any way, please reach out to us as a first point of contact should you have any such concerns;
- 15.3.5 Falsify Reviews: You agree to only publish reviews in accordance with your views and you agree to never withhold or tarnish or improve a review for any gain or use relating to extortion;
15.4 Violate Payment Practices: You may not accept or make a payment for Batting Cage Fees outside CageList. If you do so, you acknowledge and agree that, you: (i) would be in breach of these Terms, (ii) accept all risks and responsibility for such payment, and (iii) hold CageList harmless from any liability for such payment.
15.5 Violate Intellectual Property Restrictions: You agree that, without CageList’s written consent, you will not dilute, tarnish or otherwise harm the CageList brand in any way, including through unauthorized use of Collective Content, registering and/or using CageList or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks, logos or other source identifiers that closely imitate or are confusingly similar to CageList domains, trademarks, taglines, promotional campaigns or Collective Content, other proprietary information or infringe the rights of CageList or the any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right, copy, store or otherwise access or use any information contained on the Platform or Collective Content for purposes not expressly permitted by these Terms;
- Member will not:
- 15.5.1 Content Restrictions: Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
15.6 Inappropriate Interactions with Third-Parties: You may not use the Platform to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- 15.6.1 No Spam: Use the Platform or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to renting a batting cage in a private residence;
- 15.6.2 Direct Contact with Member not for CageList Finalized Booking: No contacting another Member for any purpose other than asking a question related to a Booking, Batting Cage, Listing, or the Member’s use of the Platform or recruit or otherwise solicit any Member to join third-party services, applications or websites, without CageList’s prior written approval;
- 15.6.3 Harassment: Member agrees not to “Stalk” or harass any other user of the Platform or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a CageList Guest or Hosts engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of CageList’s Platform;
- 15.6.4 Offer Another’s or Restricted Property: Offer, as a Host, any Batting Cage, that you do not yourself have rights to offer (without limiting the foregoing, you will not list Batting Cages as a Host if you are serving in the capacity of an agent for a third party); offer, as a Host, any Batting Cage that may not be Booked pursuant to an agreement with a third party;
- 15.6.5 Register for Multiple Accounts: Member will not register for more than one CageList Account or register for a CageList Account on behalf of an individual other than yourself;
- 15.6.6 Book for Another: Unless CageList explicitly permits otherwise, requesting or booking any Batting Cage if you will not actually be at the Batting Cage yourself, you agree not to impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; advocate, encourage, or assist any third party in doing any of the foregoing. Further, if you bring additional Guests with you it is your duty to ensure they follow the rules.
- 15.6.7 Reporting Misconduct: If you feel that any Member is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to CageList by contacting CageList with your police station and report number; provided that your report will not obligate CageList to take any action beyond that required by law (if any) or cause CageList to incur any liability to you.
16. Term, Suspension and Termination
16.1. CageList Response to Violations: CageList has the right to investigate and prosecute any violations of these Terms or the law to the fullest extent of the law. In addition, and as set in these Terms, CageList may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or CageList Account, for a violation of the Terms. While CageList takes due diligence to review all content that would potentially be nefarious or egregious, CageList takes no responsibility for content that evades the vetting system. CageList may refuse to surface, delete, or delay any Listings, Ratings, Reviews, or other Member Content or cancel any pending or confirmed Bookings. CageList may terminate without notice if (i) you breached these Terms or other Policies referenced herein or on the Site, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the CageList Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) CageList believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, CageList, or third parties, for fraud prevention, risk assessment, security or investigation purposes.
16.2. Termination for Cause: CageList may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your CageList Account and the Platform, temporarily or permanently revoke any special status associated with your CageList Account, or temporarily or permanently suspend your CageList Account if you have breached these Terms or policies, including material and non-material breaches, and if you receive one or more poor ratings from Hosts or Guests (with the definition of “poor” to be at CageList’s sole and absolute discretion).
16.3. Hosts Termination: If CageList takes any of the measures described herein relating to a Hosts, it may (i) communicate to your Guests or Hosts that a pending or confirmed Booking has been cancelled, (ii) refund your Guests in full for any and all confirmed Bookings, irrespective of applicable cancellation policies, (iii) support your Guests, on an exceptional basis, in finding potential alternative Batting Cages, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.
16.4. No Right to Account Restoration: When this Agreement has been terminated, you are not entitled to a restoration of your CageList Account or any of your Member Content. If your access to or use of the CageList Platform has been limited or your CageList Account has been suspended or this Agreement has been terminated by us, you may not register a new CageList Account or access and use the CageList Platform through a CageList Account of another Member.
16.5. CageList Rationale for Data Access: CageList may access, preserve and disclose any of your information if required to do so by law, or if it believes in good faith that it is reasonably necessary to (i) respond to claims asserted against CageList or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer CageList’s agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of CageList, its users, or members of the public. CageList reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CageList, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform. (v) you have repeatedly received poor Ratings or Reviews or CageList otherwise becomes aware of or has received complaints about your performance or conduct, or (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason.
16.6. User Volitional Termination: You may terminate your CageList Account by canceling it on the Site or by sending CageList an email in which you request that CageList terminate your CageList Account. If you cancel your CageList Account as a Hosts, any confirmed Bookings will be automatically cancelled, and your Guests will receive a full refund of the Batting Cage Fee. No refunds of Service Fees will be provided. If you cancel your CageList Account as a Guest, any confirmed Booking will be automatically cancelled, and you will be issued a refund in accordance with the cancellation policy referenced herein.
16.7. Ban on Issue of New Account after Suspension: If your access to or use of the Platform has been limited or your CageList Account has been suspended or this Agreement has been terminated by CageList, you may not register a new CageList Account or attempt to access and use the Platform through other CageList Accounts.
Tax regulations may require CageList to collect appropriate tax data from Hosts, or to withhold taxes from payouts to Hosts, or both. You as a Hosts are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Hosts fail to provide CageList with documentation that CageList determines to be sufficient to alleviate CageList’s obligation (if any) to withhold taxes from payments to you, CageList reserves the right in its sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.You as a Hosts understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included and including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. CageList cannot and does not offer Tax-related advice to any Members.You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Batting Cage is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of Batting Cages, and to be remitted to the respective Tax Authority. We reserve the right to collect taxes that would be wanted by any governmental authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Batting Cage Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter,“Occupancy Taxes”).
18. Digital Millennium Copyright Act (DMCA)
CageList respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows: firstname.lastname@example.org. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the infringed work and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
19. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) 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. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You may opt-out of this class action and jury waiver described herein by emailing us at email@example.com within 30 days of your first use of the Platform or Services. You must include your name, phone number, physical address, and email address in your opt-out notice. This is your only mechanism for opting out of this Section and failure to do so as described constitutes your consent to this waiver. If you choose to opt out of this Section please note that all other provisions in these Terms will remain intact and in full force and effect.
20. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by us.
21. Communications Decency Act Notice
CageList may be a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any Collective Content is limited as described therein. We are not responsible for any Collective Content. We neither warrant the accuracy of the Collective Content nor exercise any editorial control over Collective Content, nor do we assume any legal obligation for editorial control of Collective Content or liability in connection with Collective Content, including any responsibility or liability for investigating or verifying the accuracy of any Collective Content.
23. Assumption of Risk and Waiver
You as a Guest agree that you are aware of and assume all risks for yourself as well as any other Guest or invitees attending your Booking. Neither CageList nor the Hosts is responsible for any accidents caused or incurred by you as a Guest or any of your Guests or invitees, related to Baseball or Softball Training, Batting Cage usage, or otherwise. You hereby release, waive, discharge, and covenant not to sue CageList or the Hosts for any injuries arising from or related to use of the Batting Cage. You agree that some Listings may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Listings may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Batting Cages. You assume full responsibility for the choices you make before, during and after your participation in a Batting Cage. If you are bringing a minor as an additional Guest, you are solely responsible for the supervision of that minor throughout the duration of your time in the Batting Cage and to the maximum extent permitted by law, you agree to release and hold harmless CageList from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during baseball or softball training, hitting in a batting cage, or in any way related to the Batting Cage you choose.
24. Indemnification and Limitation of Liability
You agree to forever release, defend, discharge, indemnify, and hold CageList and its affiliates and subsidiaries, and their members, managers, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of a Batting Cage, or (iii) creation of a Listing; and (d) the use, condition or Booking of a Batting Cage by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of an Batting Cage. You hereby waive any potential liability for delays in payment on account of force majeure. CageList is not responsible or liable for nonperformance caused by telecommunications failures, nonperformance of vendors, fires or other acts of nature, strife or acts of political discord, or other events outside its reasonable control (each a “Force Majeure”).YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR CAGELIST ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER CAGELIST NOR ANY THIRD PARTY INVOLVED IN PROVIDING PAYMENT SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAGELIST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO, IN THOSE STATES, THE HEREIN LIMITATION SHALL BE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
CageList is not a party to the Hosts’s process for deciphering an acceptable Booking and is not involved in the scope of the agreement. CageList may in its sole discretion increase or decrease the time period within which the Hosts must confirm or reject such Booking. Any such modification will be posted to these Terms within 30 business days of the decision to change the standard for fees.
CageList DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CAGELIST CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CAGELIST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.CAGELIST DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER SEARCHES, BUT MAY DO SO TO THE EXTENT PERMITTED BY APPLICABLE LAWS. EVEN IF CAGELIST CHOOSES TO DO SO, IT DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
CAGELIST MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY MEMBER’S CONDUCT ON THE PLATFORM OR OTHERWISE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, GUESTS AND BATTING CAGE OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY CAGELIST. CAGELIST EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
CAGELIST MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY BATTING CAGE OR LISTING. GUESTS ARE SOLELY RESPONSIBLE FOR INQUIRING OR PERFORMING ANY DUE DILIGENCE NECESSARY TO EVALUATE A BATTING CAGE. CAGELIST DOES NOT ENDORSE ANY MEMBER, LISTING, OR BATTING CAGE.
The foregoing disclaimers apply to the maximum extent permitted by law.
You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.CageList does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of CageList.
26. Governing Law and Jurisdiction
Any dispute, claim, or controversy relating to, and the use of, the Platform and/or relating to the Terms, and the materials contained herein (“Claims”) is governed by the laws of the state of California without regard to conflict of law rules. All Claims, including the determination of the scope or applicability of this paragraph, shall be determined by arbitration. Subject to the foregoing terms in this paragraph, you consent to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California.
The Site is based in North America. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of North America. If you access or use the Site, the Content, or the Services from outside of North America, you do so at your own risk. Whether inside or outside of North America, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
27. Contact Information