Welcome to the SwingReaction™ application (the “SwingReaction Application” or the “Application”), owned by ReactionSports, LLC, a Texas limited liability company (“ReactionSports”). 

These Terms of Service (“Terms”) govern your use of the Application or, if you are the parent or legal guardian of a child under the age of 18, the use of the Application by that child, in which case the use of “you/your/yours” refers to that child. Please read these Terms carefully, and let us know at support@swingreaction.com if you have any questions or concerns. 

We may update these Terms as the Application evolves, so be sure to check back every now and then to see if the “last updated” date has changed.

Your Subscription

Your subscription to the SwingReaction Application (your “Subscription”) will begin on the date of purchase. Unless cancelled, your Subscription will automatically renew for an additional subscription period of the length you select when you subscribe (monthly or annually). Your method of payment will be charged prior to the beginning of each new subscription period.

You may cancel your Subscription at any time through your Apple App Store account (instructions here). No refunds will be provided for any time remaining in a subscription period.

ReactionSports has the right to suspend or cancel your Subscription without providing you with prior notice if we determine, in our sole discretion, that you have violated any of these Terms.

Your Account

To use the Application, you must create an account (“Account”). You agree that: 

• All the information in your Account is truthful and does not infringe the rights of any other person or entity.

• You will keep the information in your Account accurate and up to date.

• You are solely responsible for the activity that happens on or through your Account.  

• You will not attempt to access an Account belonging to someone else.

Your User Content

“Your User Content” refers to all videos, images, sound recordings, comments, documents, and any other material or content, including but not limited to your name, voice, and likeness, that is uploaded, captured, stored, or transmitted through use of your Account.

You represent and warrant that Your User Content does not and will not infringe or violate the rights of any person or entity, including but not limited to copyrights, rights of publicity, and trademark rights, and will not defame any person or entity.

To maximize the functionality of the Application, be sure to follow these guidelines and instructions regarding Your User Content. Failure to do so may affect your ability to use certain functions of the Application.

You retain ownership in Your User Content, subject to the following license. You grant to ReactionSports a non-exclusive, worldwide, irrevocable, perpetual, sublicensable, and assignable license to reproduce, modify, make derivatives of, publicly perform and display, and distribute copies of Your User Content and any derivatives thereof in any medium or format, whether now known or later developed, solely for the purpose of providing, maintaining, and improving the Application.

Following cancellation of your Subscription, Your User Content will be deleted from the Application in compliance with the terms of our Privacy Policy.

Your Use of the Application

You agree that you will use the Application only for your own personal, non-commercial purposes. You agree not to use the Application to engage in any illegal or malicious behavior, including but not limited to:

• Infringing copyright or other rights in the Application or any content accessible on or through the Application, including but not limited to by illegally copying or downloading.

• Uploading any content or thing that infringes the rights of anyone else, including but not limited to copyrights, other intellectual property rights, and privacy rights.

• Using any automated tool, software, service, device, process, or other means to access, retrieve, scrape, or index any portion of the Application or any content that is part of or accessed through the Application, other than Your User Content.

• Reverse engineering any portion of the Application.

• Collecting or harvesting any information from the Application.

• Using any automated tool, software, service, device, process, or other means that interferes with or attempts to interfere with the proper working of the Application.

• Doing anything that could disable, overburden, or impair the proper functioning of the Application.

Your Privacy

ReactionSports, LLC respects your privacy and understands the importance of protecting the personal information you provide to us when you use the SwingReaction™ Application. Please review the SwingReaction™ Privacy Policy careful to be sure you understand how we collect, use, and share your personal information, and your rights regarding your personal information.

Other Third-Party Resources

The Application may provide access to various materials and resources that ReactionSports neither owns nor controls (collectively, “Third-Party Resources”). You understand and agree to the following:

• ReactionSports has no control over Third-Party Resources and cannot be responsible for your experience with them.   

• ReactionSports cannot and does not vouch for the truth, accuracy, or quality of Third-Party Resources. 

• The availability of Third-Party Resources through the Application does not constitute endorsement or approval of any kind by ReactionSports.

Digital Millennium Copyright Act Notice: 

ReactionSports respects and honors the copyrights and other intellectual property rights of others and claims the Digital Millennium Copyright Act (“DMCA”) safe harbor requirements for online service providers (17 U.S.C. §512). In responding to notices of alleged infringement that comply with the DMCA and other applicable laws, we may remove or disable access to Your User Content if it becomes subject to claims of infringement.

If you think that your copyrights have been infringed through the Application and want to submit a DMCA take-down notice, you must provide a notice containing the following information to support@swingreaction.com:

• Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such work.

• Reasonably sufficient details to enable us to identify and locate the material that is claimed to be infringing.

• Your contact information so that we can contact you.

• A statement that you have a good faith belief that the use of the material you’ve identified as infringing is not authorized by the copyright owner, its agent, or the law.

• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.

• Your physical or electronic signature.

If you wish to file a counter-claim regarding materials that have been taken down due to a DMCA take-down notice, you must provide us with a notice containing the following information:

• Identification of the material that has been removed or to which access has been disabled and the Account under which the material appeared before it was removed or disabled.

• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question.

• Your name, address, and telephone number.

• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, for any judicial district in which ReactionSports may be found, and that you will accept service of process from the person who submitted a notice in compliance with 17 U.S.C. §512(c)(1)(C) of the DMCA, as generally described above.

• Your physical or electronic signature.

Disclaimers and Limitations of Liability

We at ReactionSports are proud of the SwingReaction™  Application and have worked hard to ensure that it is reliable and of the highest quality reasonably possible. We do not anticipate that you will encounter any problems using the Application. However, certain things are simply beyond our reasonable control, and we want you to understand the limitations you could encounter. If you do encounter any problems whatsoever, please let us know at support@swingreaction.com so that we can do our best to resolve them. You acknowledge and agree to the following:

• The SwingReaction™ Application is provided on an “as-is” basis, and your use of it is at your own risk. ReactionSports makes no promises, warranties, or guarantees, either implied or express, including but not limited to implied warranty of merchantability and fitness for a particular purpose, regarding the Application, including but not limited to or ability to meet your needs.

• To the extent permitted by law, we exclude all warranties.

• You agree that you will not attempt to hold ReactionSports responsible or liable for any improper functionality of the Application, including but not limited to the failure of the Application to store Your User Content and your ability to access and use Your User Content.

• You understand and agree that, where permitted by law, ReactionSports will not be responsible for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to damages for any loss resulting from

  • your experience with or use of the Application 

  • the inability to access or use the Application

  • the unauthorized access to or alteration of Your User Content 

  • any other matter relating to or associated with the Application or Your User Content.

• In all circumstances, ReactionSports’s liability arising out of or related to these Terms of Service shall not exceed the total fees paid by you during the subscription period in which the event giving rise to liability occurs. Application of this limitation expressly includes (1) liability for negligence; (2) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; (3) even if ReactionSports is advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and (4) even if your remedies fail of their essential purpose. 

Indemnification

You agree to indemnify and hold harmless ReactionSports and our representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, licensees and sublicensees, successors, and assigns from any claim or demand, including reasonable legal fees, that may be filed by any third party regarding or arising out of: (1) your use of the Application; (2) Your User Content; (3) your violation of this Agreement, including the breach of any representation or warranty made by you; or (4) any violation by you of the rights of someone else.

Alternative Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms (collectively, the “Dispute”), you agree to use your best efforts to settle the Dispute amicably. Accordingly, should you and ReactionSports be unable to resolve a Dispute through informal communications:

• Either of us may provide written notice of a Dispute from the other. We will continue to negotiate with each other in good faith to attempt to reach a fair and equitable solution satisfactory to both of use. 

• After a minimum of thirty (30) days from receipt of the notice of Dispute, if either of us believes in good faith that negotiations are not reasonably likely to resolve the Dispute, we may provide the other with written notice requesting mediation. We will select a mediator by mutual agreement within thirty (30) days of the receipt of notice of requested mediation. 

• The mediator shall: (1) be a member of the Association of Attorney Mediators, (2) licensed by the State Bar of Texas, (3) have a minimum of five (5) years of mediation experience, and (4) not be a former judge. 

• If we are unable to resolve the Dispute after a minimum of eight (8) hours of good-faith mediation, either us may provide the other with written notice requesting arbitration, and the Dispute will be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules & Procedures. 

• Unless we agree otherwise, all mediations and arbitrations will be conducted virtually (online), and each of us will pay half of the total fees and costs.

• All communications, information, documents, and other materials made or shared during the course of negotiations, mediation, and arbitration, both oral and written, and in any format or medium, will be considered confidential, except that any information that is currently available to the public at large and evidence that is otherwise admissible or discoverable shall not be rendered confidential, inadmissible, or non-discoverable purely because of its use in the negotiations, mediation, or arbitration.

Miscellaneous

• This Agreement constitutes the complete understanding of the parties with respect to the subject of this Agreement and supersedes all prior oral or written agreements or proposals relating to the subject of this Agreement. 

• Any provision of this Agreement that may be deemed invalid or unenforceable shall in no way invalidate or render unenforceable the remainder of this Agreement, which shall remain in full force and effect.

• The failure or delay of a party at any time to enforce performance of this Agreement shall not be construed as a waiver of the right of that party to enforce performance at any subsequent time.

• In the event that this Agreement is provided in multiple languages, the English version shall control.

• This Agreement shall be construed and governed by, and enforced in accordance with, the laws of the United States and of the State of Texas. 

Miscellaneous

Assignment. ReactionSports may assign or subcontract our rights and/or obligations under these TOS in whole or in part, in which case we will provide you with notice in a timely manner. You may not assign your rights and/or obligations under these TOS in whole or in part without our prior written consent.

Other Agreements. These TOS constitute the complete understanding of the parties with respect to the subject of these TOS and supersede all prior oral or written agreements or proposals of the parties relating to the subject of these TOS.

Severability. Any provision of these TOS that may be deemed invalid or unenforceable shall in no way invalidate or render unenforceable the remainder of the TOS, which shall remain in full force and effect.

No Waiver. The failure or delay of a party at any time to enforce performance of these TOS shall not be construed as a waiver of the right to do so at any subsequent time.

Language. In the event that this TOU is provided in multiple languages, the English version shall control.