PATENTED IN THE UNITED STATES 

Caution: this product contains natural latex rubber which may cause allergic reactions.


Disclaimer



The following terms and conditions apply to all sales and uses. Please review it carefully. These terms and conditions include warranties, disclaimers of liability, and arbitration provisions. Keeping, using, or allowing the use of this product indicates your agreement to these terms. 


Definition

"The Hit Assist" as used herein means The Hit Assist, LLC, and any and all of its affiliates and/or subsidiaries and/or business agents, servants, and employees.

 

High-risk activity

Products sold by The Hit Assist include equipment and gear used in baseball and softball. Always wear approved safety equipment while using The Hit Assist. Participation in any of these activities is a high-risk of sports activity. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. If you have any injury, disease, disability, or other concerns, consult your personal physician first. If you experience any pain, stop immediately. Read, understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference.


Assumption of the risk

By buying, using, providing, or allowing the use of The Hit Assist's products, you understand and agree that baseball and softball are high-risk activities and, to the extent permitted by law, you expressly and voluntarily assume the risk of death or other personal injury sustained while participating in such activities whether or not caused by the negligence or other fault of The Hit Assist including but not limited to equipment malfunction from whatever cause, or any other fault of The Hit Assist. Additionally, you agree to indemnify, defend, and hold The Hit Assist harmless from any third party claims arising from such high-risk activities or any other The Hit Assist product


Duty of coaches, trainers, gyms to inform others of these terms and conditions

Before you allow others to use The Hit Assist you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions of Sale or Use, (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injuries, and (c) you agree to indemnify, defend, and hold The Hit Assist harmless from any claims made by them arising from their use of The Hit Assist.


Warranty disclaimer

The Hit Assist warrants its products to be free from defects in materials and workmanship for the lifetime of the product provided they have not been subjected to obvious abuse, neglect, or misuse. The Hit Assist's sole liability is limited to repairing or replacing products that are returned to The Hit Assist unless specific product literature specifies otherwise.


Limitation of liability

As set forth above under the warranty provisions, The Hit Assist's liability is limited to repair or replacement of its products which are returned to The Hit Assist. In no event shall The Hit Assist's liability exceed the value of the products sold. The Hit Assist shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, or otherwise. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.


Warning

The use and misuse of products sold through The Hit Assist's websites, or otherwise, involves serious risks including injury, disability, and death. Purchasers, users, and participants assume all risks of injury. The Hit Assist cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through The Hit Assist's websites, or otherwise.


Inspect before each use

This product must be inspected before each use to ensure it is not damaged. If damaged, do not use and immediately contact and then return the product to The Hit Assist.


General disclaimer

Product descriptions, typographic, pricing, and photographic errors are unintentional and subject to correction. We regret but are not liable for such errors. The Hit Assist reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error on our website please let us know.


Applicable law and resolution of disputes

Your order from The Hit Assist shall be interpreted and construed in accordance with laws of the State of Minnesota without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in Carver County, Minnesota and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of The Hit Assist products or any other claim related to the use of products sold through its websites, or otherwise, must be commenced within one (1) year after the claim or cause of action arises. The Hit Assist's failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.


Promotional and sale and shipping disclaimer

Online promo codes may only be used once and cannot be combined with any other discount offers, coupon codes, or promotional offerings. Discounts are applied to the order subtotal before taxes are added. Promotions & offerings are subject to change without notification. Free shipping will be done via USPS to all 50 states within The United States of America. Any location outside of The United States of America will not receive free shipping and the purchaser will be required to cover the cost of shipping.