Terms and Conditions

Effective Date: November 26, 2024

Welcome to Soko Softball (“we,” “our,” or “us”). By accessing or using our website at www.sokosoftball.com (“Website”) and our services, you agree to comply with and be bound by these Terms and Conditions. If you do not agree, please discontinue using our Website and services immediately.

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1. Acceptance of Terms

By accessing, browsing, or using the Website at www.sokosoftball.com (the "Website") or engaging in any of the services provided by Soko Softball, LLC ("Company," "we," "our," or "us"), you hereby represent and warrant that:

1. You have read, understood, and agreed to be bound by these Terms and Conditions and our Privacy Policy, both of which constitute a legally binding agreement between you and Soko Softball, LLC.

2. If you do not agree to these Terms or any subsequent updates, you must immediately cease all access to and use of the Website and services.

Updates to Terms

We reserve the sole right, at our discretion, to modify, update, or revise these Terms and Conditions at any time. Changes will become effective immediately upon being posted on the Website, and it is your responsibility to regularly review these Terms for updates. By continuing to access or use the Website or services after changes are posted, you acknowledge and accept the updated Terms. If you object to any modifications, your sole remedy is to discontinue use of the Website and services.

No Exceptions or Waivers

Failure by the Company to enforce any provision of these Terms shall not be construed as a waiver of our rights or as consent to any breach. These Terms are enforceable to the fullest extent permitted by law.

Acknowledgment of Binding Agreement

By using this Website, you also acknowledge that:

• You are at least 18 years old or have the legal capacity under Wisconsin law to enter into binding agreements.

• If you are under the age of 18, your use of the Website and services must be under the supervision and consent of a parent or legal guardian, who will be deemed the party bound by these Terms on your behalf.

• You will use the Website and services only for lawful purposes and in accordance with these Terms.

Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable under Wisconsin law, the remaining provisions will remain in full force and effect.

Acknowledgment of Jurisdiction

By agreeing to these Terms, you consent to the exclusive jurisdiction of the courts of the State of Wisconsin for the resolution of any disputes related to this agreement.

 

2. Use of the Website

Eligibility

To access and use the Website or any of the services provided by Soko Softball, LLC:

1. You must be at least 18 years of age or older and have the legal capacity to enter into a binding agreement under Wisconsin law.

2. If you are under the age of 18, you may only use the Website or services with the explicit consent and supervision of a parent or legal guardian. By providing consent, the parent or legal guardian agrees to be bound by these Terms and Conditions on behalf of the minor.

Permitted Use

By using this Website, you agree to:

1. Access and use the Website only for lawful, personal, and non-commercial purposes consistent with these Terms.

2. Abide by all applicable local, state, federal, and international laws and regulations, including those specific to the State of Wisconsin, in your use of the Website and services.

3. Provide accurate and truthful information if required for registration or when submitting inquiries or engaging with the services offered by the Company.

Prohibited Actions

You expressly agree not to engage in the following prohibited actions, which may result in the immediate suspension or termination of your access to the Website or services and potential legal action:

1. Interference:
   Attempting to interfere with the proper functioning of the Website, including by hacking, altering, or disrupting the Website, its content, or any associated systems, servers, or networks.

2. Fraudulent or Malicious Purposes:
   Using the Website to engage in any fraudulent, malicious, or unlawful activities, including but not limited to:

   • Impersonating another person or entity.

   • Misrepresenting your identity or affiliation with any person or organization.

   • Gaining unauthorized access to or compromising other users' accounts, data, or systems.

3. Uploading Harmful Content:
   Introducing viruses, malware, spyware, worms, or any other harmful code that may damage or disrupt the Website, services, or any related systems.

4. Data Harvesting and Unauthorized Use:
   Engaging in unauthorized scraping, data mining, or other practices to collect or copy content, data, or intellectual property from the Website.

5. Resale or Redistribution:
   Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or services without the express written permission of Soko Softball, LLC.

Enforcement of Terms

Any violation of this section will result in immediate suspension or termination of your access to the Website, at the sole discretion of Soko Softball, LLC, and may subject you to civil and/or criminal liability under applicable laws, including the statutes of the State of Wisconsin.

Reporting Violations

If you become aware of any prohibited use of the Website or services, you agree to promptly notify Soko Softball, LLC by contacting us at ian@sokosoftball.com. Failure to report such actions does not waive the Company’s rights to enforce these Terms.

 

3. Intellectual Property

Ownership

All materials and content on the Website, including but not limited to text, graphics, logos, images, audio, video, design elements, and software (collectively, "Content"), are the exclusive property of Soko Softball, LLC or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

• The name "Soko Softball," its logo, and all related marks are trademarks or service marks owned by Soko Softball, LLC. Unauthorized use of these marks is strictly prohibited.

• Any unauthorized use of the Content may violate applicable copyright, trademark, and other laws, and could result in civil or criminal penalties.

Ownership of the Website and Content is not transferred to you under any circumstances. Access to the Website is provided solely as a license to use the Website and its services in accordance with these Terms.

Restrictions

You expressly agree not to engage in any of the following without prior written permission from Soko Softball, LLC:

1. Reproduction and Distribution:
   Reproducing, copying, distributing, selling, or transmitting any part of the Content, whether electronically or in print, for commercial or non-commercial purposes.

2. Modification and Derivative Works:
   Modifying, altering, or creating derivative works based on any part of the Content or Website.

3. Public Display and Performance:
   Publicly displaying, performing, or broadcasting any part of the Content.

4. Reverse Engineering or Extraction:
   Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or proprietary algorithms of the Website or its software.

5. Unlawful Use:
   Using the Website or Content in any way that violates local, state, federal, or international laws, including intellectual property laws, or in a manner that harms the reputation of Soko Softball, LLC.

Limited License

Subject to your compliance with these Terms, Soko Softball, LLC grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its Content for your personal, non-commercial purposes only. This license does not include:

• Any resale or commercial use of the Content.

• The collection or use of any product listings, descriptions, or prices for commercial purposes.

Enforcement of Intellectual Property Rights

Soko Softball, LLC actively enforces its intellectual property rights to the fullest extent permitted by law. Any unauthorized use of the Website or Content will result in immediate termination of your access and may subject you to civil and/or criminal liability.

Reporting Intellectual Property Violations

If you believe that any content on the Website infringes upon your intellectual property rights, please notify us immediately at ian@sokosoftball.com with sufficient details to identify and address the alleged infringement.

 

4. Membership and Services

Eligibility for Membership

1. Membership and participation in services provided by Soko Softball, LLC are available to individuals aged 5 years or older.

2. Members under the age of 18 must obtain explicit consent from a parent or legal guardian. By providing consent, the parent or guardian agrees to be bound by these Terms and Conditions on behalf of the minor and assumes full responsibility for the minor’s compliance.

3. By enrolling for membership or services, you represent and warrant that:

   • All information provided during registration is accurate and complete.

   • You meet the eligibility requirements stated herein.

Cancellation Policy

1. Membership Cancellations:

   • Monthly memberships may be canceled at any time. However, all fees paid for the current billing period are non-refundable.

   • Cancellation requests must be submitted in writing or through the designated method specified by Soko Softball, LLC, and will take effect at the end of the current billing period.

2. Lesson Cancellations:

   • Lessons canceled with less than 24 hours' notice are subject to a cancellation fee equal to 100% of the scheduled lesson price.

   • Soko Softball, LLC reserves the right to waive this fee under exceptional circumstances, as determined at its sole discretion.

Refund Policy

1. No Refunds:
   All payments made for memberships, lessons, rentals, and services are final and non-refundable unless explicitly stated otherwise in a separate written agreement with Soko Softball, LLC.

2. Non-Transferable Payments:
   Payments for services, lessons, and memberships are non-transferable and cannot be applied to other individuals or future services.

3. Exceptional Cases:
   Refunds may only be issued in the event of a documented error by Soko Softball, LLC or as required by Wisconsin consumer protection laws. Any approved refunds will be processed within 7-10 business days.

Additional Terms for Services

1. Lesson Scheduling:

   • Lessons and training sessions must be scheduled through the methods designated by Soko Softball, LLC.

   • Availability of instructors, facilities, and specific training services is subject to change without notice.

2. Rescheduling Policy:

   • Lessons canceled with more than 24 hours’ notice may be rescheduled without penalty, subject to availability.

   • Soko Softball, LLC reserves the right to reschedule or cancel lessons due to unforeseen circumstances, including but not limited to facility issues or staff availability, with as much notice as possible.

Membership Conduct and Compliance

Members are expected to adhere to all rules and regulations established by Soko Softball, LLC, including those related to the use of facilities and participation in services. Failure to comply may result in suspension or termination of membership without a refund.

Enforcement of Terms

Soko Softball, LLC reserves the right to enforce these membership and service terms to the fullest extent permitted by law. Any disputes arising from membership or service agreements shall be governed by the laws of the State of Wisconsin and resolved in accordance with the Dispute Resolution clause in these Terms.

 

5. Payment Terms

Pricing

1. All prices for lessons, memberships, facility rentals, and other services offered by Soko Softball, LLC are clearly displayed on our Website at the time of purchase. These prices are subject to change without prior notice.

2. By completing a purchase, you agree to pay the price listed at the time of transaction. Price changes will not apply retroactively to previously purchased services or memberships.

3. Taxes, fees, or other charges required by local, state, or federal law may be added to the total cost, where applicable.

Payment Methods

1. Accepted Payment Methods:

   • We accept major credit cards, debit cards, and other electronic payment methods specified on our Website at the time of checkout.

   • All payments must be made in U.S. dollars unless otherwise agreed in writing.

2. Authorization:

   • By providing payment information, you represent and warrant that you are authorized to use the payment method and authorize Soko Softball, LLC or its third-party payment processor to charge the full amount of your purchase.

   • If payment is made using a third-party payment provider, you agree to comply with the terms and conditions of that provider.

3. Payment Security:

   • Payments are processed using secure, industry-standard encryption. However, Soko Softball, LLC is not responsible for unauthorized access to payment information provided during transactions.

Late Payments

1. Payment Failure:
   If a payment is declined or cannot be processed for any reason, you will be notified, and your access to services, including memberships, lessons, or rentals, may be suspended or terminated at the sole discretion of Soko Softball, LLC until the outstanding balance is resolved.

2. Outstanding Balances:

   • Any unpaid balances may accrue interest at the maximum rate permitted by Wisconsin law.

   • If your account remains delinquent, Soko Softball, LLC reserves the right to refer your account to a collection agency or pursue legal remedies to recover the owed amounts.

3. Reinstatement:
   Services may be reinstated once the full payment, including any applicable fees or penalties, is received.

Refunds and Disputes

1. Refund Policy:
   Payments made for services, memberships, and rentals are non-refundable unless explicitly stated in the "Refund Policy" section of these Terms or otherwise required by law.

2. Chargebacks and Payment Disputes:
   You agree to contact Soko Softball, LLC to resolve any payment disputes before initiating a chargeback or dispute with your payment provider. Unresolved disputes may result in suspension of your access to services.

3. Error Resolution:
   In the event of a billing error caused by Soko Softball, LLC, corrections will be made promptly, and refunds (if applicable) will be issued within 7-10 business days.

Right to Deny Services

Soko Softball, LLC reserves the right to refuse or deny access to services, memberships, or rentals for failure to adhere to these Payment Terms or for any suspected fraudulent activity.

Governing Law

All payment transactions and related disputes are governed by the laws of the State of Wisconsin. By using the Website and services, you consent to the exclusive jurisdiction of the courts located in Wisconsin for resolving payment-related disputes.

 

6. Facility Rules and Regulations

Safety Requirements

1. Compliance with Guidelines:
   All individuals using the facilities of Soko Softball, LLC must adhere to posted safety guidelines and follow instructions provided by authorized staff. These rules are designed to ensure the safety of all participants, visitors, and staff.

2. Protective Equipment:
   Where applicable, users are required to wear appropriate protective gear, such as helmets or padding, as directed by staff or specified in the activity guidelines.

3. Health and Fitness Clearance:
   By using the facilities, you represent that you are physically and medically fit to participate in activities. If you have any known health conditions that could affect your safety, you must inform staff prior to participation. Soko Softball, LLC reserves the right to deny access to individuals who may be at risk of injury.

4. Emergency Protocols:
   In the event of an emergency, users must comply with evacuation procedures, first aid protocols, or other instructions issued by staff.

Prohibited Activities

1. Endangering Others:
   Any behavior that poses a risk to the safety of others, including but not limited to:

   • Running, horseplay, or roughhousing in areas not designated for such activities.

   • Tampering with or misusing equipment, machinery, or safety devices.

2. Disruption of Operations:
   Actions that disrupt the orderly operation of the facility or the enjoyment of others, such as loud or inappropriate behavior, use of offensive language, or non-compliance with staff instructions, are strictly prohibited.

3. Unauthorized Access:
   Entering restricted areas, using equipment without authorization, or engaging in activities outside the scope of your rental, membership, or booking is prohibited.

4. Illegal or Hazardous Substances:
   The possession or use of alcohol, illegal drugs, or any hazardous substances within the facility is strictly prohibited. Smoking or vaping is not permitted on the premises.

Damage to Property

1. User Responsibility:
   You are fully responsible for any damage caused to the property, equipment, or facilities of Soko Softball, LLC due to negligence, misuse, or failure to follow safety guidelines.

2. Liability for Repair or Replacement:
   If you, or a minor under your supervision, cause damage, you agree to reimburse Soko Softball, LLC for the full cost of repair or replacement, as determined by the Company.

3. Incident Reporting:
   Any damage, malfunctioning equipment, or hazardous conditions must be reported to staff immediately.

4. Prosecution for Intentional Damage:
   Intentional damage to property may result in suspension or termination of membership or access, civil liability, and/or criminal prosecution under Wisconsin law.

Facility Access and Use

1. Right to Deny Access:
   Soko Softball, LLC reserves the right to deny access to any individual who fails to comply with these rules or poses a safety risk to themselves or others.

2. Limited Liability:
   While Soko Softball, LLC takes reasonable measures to ensure the safety of the facility, users assume all risks associated with activities and waive any claims for injury, loss, or damage arising from non-compliance with these rules.

Governing Law

These Facility Rules and Regulations are governed by the laws of the State of Wisconsin. By using the facilities, you agree to abide by these rules and accept full responsibility for your actions while on the premises.

 

7. Limitation of Liability

No Warranty

1. "As Is" and "As Available" Basis:
   The Website, its content, and all services offered by Soko Softball, LLC are provided on an “as is” and “as available” basis without any warranties or guarantees of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Website or services will be error-free, uninterrupted, or free of viruses or other harmful components.

2. User Responsibility:
   You assume all risks associated with the use of the Website, facilities, and services. It is your responsibility to ensure that the services provided meet your specific needs before use.

3. No Guarantee of Results:
   Soko Softball, LLC does not guarantee any specific outcomes or results from the use of its training programs, memberships, or other services.

Limited Liability

1. Maximum Extent of Liability:
   To the fullest extent permitted by Wisconsin law, Soko Softball, LLC, including its owners, officers, employees, agents, and affiliates, shall not be held liable for:

   • Any indirect, incidental, consequential, special, or punitive damages arising out of or related to the use or inability to use the Website, facilities, or services, even if the possibility of such damages was known or should have been known.

   • Loss of revenue, profits, business, goodwill, data, or other intangible losses resulting from your use of or inability to use the Website, facilities, or services.

2. Cap on Liability:
   In no event shall the total liability of Soko Softball, LLC for any claims arising out of or related to the Website or services exceed the total amount paid by you to Soko Softball, LLC for the specific service giving rise to the claim.

3. Excluded Claims:
   The limitations and exclusions set forth in this section shall apply to all claims, regardless of whether they are based on contract, tort (including negligence), strict liability, or any other legal or equitable theory.

Exceptions to Limitation

Nothing in this section shall exclude or limit liability:

1. For death or personal injury caused by the gross negligence or willful misconduct of Soko Softball, LLC.

2. For damages arising from intentional fraud or misrepresentation by Soko Softball, LLC.

3. Where such exclusions or limitations are prohibited by Wisconsin law.

Acknowledgment of Risk

By using the Website or services, you acknowledge and agree that:

• You understand and voluntarily assume all risks associated with participation in activities or use of services provided by Soko Softball, LLC.

• The above limitations of liability represent a reasonable and fair allocation of risk between the parties.

Governing Law

This Limitation of Liability is governed by the laws of the State of Wisconsin, and any disputes shall be resolved as set forth in the Dispute Resolution clause of these Terms.

 

8. Privacy Policy

Acknowledgment of Privacy Policy

Your use of the Website, services, and facilities offered by Soko Softball, LLC is subject to and governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

By accessing or using the Website or engaging in any of our services, you acknowledge that you have read, understood, and agreed to the terms of our Privacy Policy, which explains:

• How we collect, use, and process your personal data.

• The types of information we collect, including but not limited to personal identifiers, payment information, and usage data.

• Your rights regarding your personal data under applicable privacy laws, including those of the State of Wisconsin.

Data Collection and Use

1. Purpose of Collection:
   The information we collect is used to:

   • Provide, improve, and personalize the services we offer.

   • Process payments and manage your membership or lesson bookings.

   • Comply with legal requirements and ensure the security of our facilities, Website, and systems.

2. Consent to Data Collection:
   By using our Website or services, you consent to the collection and processing of your information as described in our Privacy Policy. If you do not agree, you must immediately discontinue use of the Website and services.

3. Data Security:
   Soko Softball, LLC employs reasonable administrative, technical, and physical safeguards to protect your information from unauthorized access, use, or disclosure. However, no security system is completely secure, and we cannot guarantee the absolute security of your data.

Third-Party Services

1. Integration with Third Parties:
   We may share your data with trusted third-party vendors for the purposes of payment processing, data analytics, or service delivery. Such parties are contractually obligated to handle your data in accordance with applicable privacy laws and best practices.

2. External Links:
   The Website may contain links to external sites not owned or controlled by Soko Softball, LLC. We are not responsible for the privacy practices or content of these external sites, and your use of such sites is governed by their respective privacy policies.

User Rights

1. Access and Correction:
   You have the right to access and request corrections to your personal data held by Soko Softball, LLC. Requests can be submitted in writing to ian@sokosoftball.com.

2. Data Deletion:
   You may request the deletion of your personal data, subject to applicable legal or contractual obligations that require us to retain certain information.

3. Opt-Out Options:
   You may opt out of marketing communications at any time by following the instructions provided in such communications or by contacting us directly.

Legal Compliance

Soko Softball, LLC complies with all applicable privacy and data protection laws, including but not limited to the Wisconsin Consumer Act and other relevant state and federal regulations.

Updates to Privacy Policy

We reserve the right to modify our Privacy Policy at any time to reflect changes in legal requirements, our practices, or technology. Updates will be effective immediately upon posting to the Website, and your continued use of the Website or services constitutes acceptance of the updated policy.

Contact Information

For questions or concerns regarding your privacy, please contact us at:

Soko Softball, LLC

ian@sokosoftball.com 

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9. Governing Law

These Terms and Conditions, along with any disputes or claims arising out of or related to your use of the Website, services, or facilities provided by Soko Softball, LLC, shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles.

Jurisdiction and Venue

1. Any legal action or proceeding arising under or relating to these Terms shall be instituted exclusively in the state or federal courts located in Waukesha County, Wisconsin.

2. By using the Website or services, you irrevocably consent to the jurisdiction and venue of these courts and waive any objections, including those based on personal jurisdiction or forum non conveniens.

Legal Compliance

1. The use of the Website and services must comply with all applicable laws, statutes, ordinances, and regulations of the State of Wisconsin and the United States.

2. Any provision of these Terms found to be inconsistent with Wisconsin law shall be severed, and the remaining provisions shall continue in full force and effect.

Waiver of Jury Trial

To the extent permitted by law, you and Soko Softball, LLC agree to waive the right to a trial by jury for any disputes arising out of or related to these Terms.

Statute of Limitations

Any claim or cause of action arising out of or related to these Terms or the use of the Website or services must be filed within one (1) year after the cause of action accrues, or it shall be forever barred.

 

10. Dispute Resolution

Arbitration

1. Mandatory Arbitration:
   Any disputes, controversies, or claims arising out of or relating to these Terms and Conditions, the Website, or the services provided by Soko Softball, LLC shall be resolved exclusively through binding arbitration, except for matters that may be brought in small claims court.

2. Arbitration Rules and Administration:
   The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”) and governed by the Federal Arbitration Act. Arbitration will take place in Waukesha County, Wisconsin, or another mutually agreed-upon location.

3. Arbitrator’s Authority:
   The arbitrator shall have the authority to award any remedies available under applicable law, including monetary damages, injunctive relief, and attorney’s fees, but may not modify the terms of these Terms and Conditions.

4. Costs of Arbitration:
   Each party shall bear its own arbitration costs, including attorneys’ fees, unless the arbitrator awards costs and fees to the prevailing party.

5. Class Action Waiver:
   To the fullest extent permitted by law, you agree to resolve disputes with Soko Softball, LLC on an individual basis and waive any right to participate in or bring a class, collective, or representative action.

Jurisdiction

1. Exclusive Jurisdiction:
   If arbitration is deemed unenforceable or a dispute arises that is not subject to arbitration, any legal action or proceeding must be filed in a state or federal court located in Waukesha County, Wisconsin.

2. Consent to Jurisdiction:
   By using the Website or services, you consent to the exclusive jurisdiction and venue of these courts and waive any objections to such jurisdiction or venue, including claims of inconvenient forum.

Exceptions to Arbitration

1. Small Claims:
   Either party may bring a claim in small claims court for disputes or claims within the jurisdictional limits of such court, provided the matter remains in that court and is not transferred or appealed to a different court.

2. Injunctive Relief:
   Soko Softball, LLC reserves the right to seek injunctive relief or equitable remedies in a court of law to prevent or address a violation of its intellectual property rights or other proprietary interests.

Limitation on Time to File Claims

To the extent permitted by law, any claim or cause of action arising out of or related to these Terms or the use of the Website or services must be filed within one (1) year after the cause of action accrues. Failure to initiate arbitration or file a claim within this time frame shall bar the claim permanently.

 

11. Contact Information

For questions about these Terms, please contact us at: ian@sokosoftball.com