Product Safety & Liability Waiver

Please read carefully. This Product Safety & Liability Waiver (the "Waiver") applies to every purchase of Pitch Signal LLC hardware, including the Pitch Signal Watch, the Pitch Signal Base, and related accessories (the "Products"). By checking the consent box in your cart and completing checkout, you agree to this Waiver on your own behalf and on behalf of every person you allow to use the Products.

1. What you are buying

The Products are electronic communication devices for use during softball and baseball practice and play. The Pitch Signal Watch is a wearable wrist device containing a rechargeable lithium-ion battery. The Pitch Signal Base is a radio transmitter containing a rechargeable lithium-ion battery. The Products send and receive pitch signals; they are not protective equipment, safety devices, or medical devices.

2. Lithium battery safety

The Products contain lithium-ion batteries, which can overheat, catch fire, or vent if misused or damaged. You agree to:

Charge only with the supplied cable or a charger that meets the specification in the product instructions, on a hard, non-flammable surface, and never unattended overnight.
Keep the Products away from heat, open flame, and direct sun in a closed vehicle.
Keep the Products dry. They are not water-resistant. Do not submerge, rinse, or wash them, and do not use or charge them when wet. Moisture can damage the battery and electronics.
Never puncture, crush, disassemble, or modify a Product or its battery.
Stop using a Product immediately if it becomes unusually hot, swells, leaks, smells, or is physically damaged, and contact us before shipping it anywhere. Damaged lithium batteries must not be mailed.
Dispose of the Products through an electronics or battery recycling program in accordance with local law, never in household trash.
Follow airline and carrier rules when traveling with the Products.

3. Wearing the Watch during athletic activity

The Pitch Signal Watch is worn on the wrist during physical activity. You understand and accept that:

A batted or thrown ball, a collision, a fall, or contact with equipment can strike the Watch and cause injury to the wrist, hand, or arm, or damage the Watch.
The strap and housing may cause skin irritation, pressure marks, or an allergic reaction in some people. Remove the Watch and discontinue use if irritation occurs.
It is your responsibility to confirm that wearing an electronic device is permitted under the rules of your league, association, tournament, or governing body. Pitch Signal LLC makes no representation that the Products are permitted in any particular competition.
The Watch must be worn and secured as described in the product instructions and removed when instructed by an umpire, coach, or medical professional.

4. Intended use and no guarantee of performance

The Products are an aid to communication. Signals can be delayed, altered, or lost because of battery level, radio interference, distance, weather, device settings, or software conditions. You agree that all decisions about play, positioning, and player safety remain the responsibility of the coaches, players, and officials involved, and that Pitch Signal LLC is not responsible for the outcome of any game, play, or decision made in reliance on the Products.

5. Assumption of risk

You knowingly and voluntarily assume all risks associated with purchasing, charging, storing, transporting, wearing, and using the Products, including the risks described above and risks that are not known or reasonably foreseeable at the time of purchase.

6. Release and limitation of liability

To the fullest extent permitted by applicable law, you release Pitch Signal LLC, its owners, employees, contractors, and suppliers from all claims, losses, and damages arising out of or related to the use or misuse of the Products, including personal injury, property damage, and lost data. To the fullest extent permitted by law, Pitch Signal LLC's total liability for any claim relating to the Products will not exceed the purchase price you paid for the Product giving rise to the claim. Nothing in this Waiver limits any right you have under consumer protection laws that cannot be waived by agreement.

7. Indemnification

You agree to indemnify and hold harmless Pitch Signal LLC from any claim brought by a person you allowed to use the Products, including players and their parents or guardians, to the extent the claim arises from use that is contrary to the product instructions or this Waiver.

8. Warranty

The Products are covered by the Limited Warranty (https://pitchsignal.com/pages/warranty). That warranty is your exclusive remedy for defects in materials and workmanship. This Waiver does not change the warranty.

9. Age, authority, and minors

You confirm that you are at least 18 years old and have the authority to accept this Waiver. If any Product will be used by a person under 18, you confirm that you are that person's parent or legal guardian, or that you have obtained the consent of the parent or legal guardian, and you accept this Waiver on that minor's behalf.

10. Governing law and severability

This Waiver is governed by the laws of the State of New Hampshire, USA, without regard to conflict-of-law rules. If any part of this Waiver is found unenforceable, the remaining parts stay in effect.

11. How your consent is recorded

When you check the consent box in your cart, the waiver version and the date and time of your acceptance are stored with your order. You can request a copy of this Waiver at any time by contacting us.