CROSS THE SEAMS WEBSITE TERMS OF USE
Last Modified: 07/25/2025
These Cross the Seams Website Terms of Use (these “Terms of Use”), along with the Cross the Seams Privacy Policy found here and any other documents expressly incorporated by reference into these Terms of Use form an agreement (collectively, the “Agreement”) by and between you and Cross the Seams Baseball & Softball Training LLC (“CTS”) and govern your access to and use of the website found at https://crosstheseams.com/ (the “Site”).
Please read this Agreement carefully before using the Site. By accessing or using the Site or clicking to accept the Terms of Use or this Agreement, you accept and agree to be bound and abide the Terms of Use and this Agreement. If you do not want to be bound by the terms and conditions of this Agreement, you must not access or use the Site.
YOU REPRESENT AND WARRANT THAT YOU AGREE TO BE BOUND BY THE T E RMS AND CONDITIONS OF THIS AGREEMENT; THAT YOU ARE AT LEAST 18 YEARS OLD, AND THAT YOU HAVE REACHED THE LEGAL AGE TO FORM A BINDING AGREEMENT WITH CTS
1. Overview
CTS is in the business of providing a progressive training program for baseball and softball. CTS and/or its principal has created, authored, and developed (and continues to create, author, and develop) a highly successful baseball and softball teaching model and system for youth, teens, and young adults comprising a written curriculum (the “System”), an accompanying explanatory text (the “Lesson Sequence Explained”), as well as videos, the Site, a software application (the “App”), and other materials (collectively, along with the System, Lesson Sequence Explained, videos, Site, and App, the “Materials”) in which CTS owns the Intellectual Property Rights (as defined below). Individual instructors interested in receiving a license to use certain of the Materials in connection with coaching players in baseball and/or softball may reach out to CTS to explore this possibility. Parents (as defined below) of players taking lessons with CTS may use the Site to access a portal that will allow Parents to access certain CTS Materials located on a third-party website and Parents of players taking lessons with Licensed Instructors may use the Site to access a portal that will allow Parents to access certain CTS Materials located on a third-party website.
2. Definitions
a. “Intellectual Property” shall mean shall mean any and all rights in, arising out of, or associated with any of the following in any jurisdiction throughout the world: (a) trademarks, service marks, brands, certification marks, logos, trade dress, trade names, and other similar indicia of source or origin, together with the goodwill connected with the use of and symbolized by, and all registrations, applications for registration, and renewals of, any of the foregoing (“Trademarks”); (b) patents, patent applications, patentable inventions, discoveries, technology (“Patents”), (c) copyrights and works of authorship, whether or not copyrightable, and all registrations, applications for registration, and renewals of any of the foregoing (“Copyrights”); (d) trade secrets, know-how, discoveries, improvements, technology, business and technical information, tools, methods, processes, techniques, and other confidential and proprietary information and all rights therein (“Trade Secrets”); and (e) all other intellectual and proprietary rights, including without limitation the right to sue, counterclaim, and recover for all past, present, and future infringement, misappropriation, or dilution of the foregoing.
b. “Licensed Instructor” shall mean a baseball and/or softball instructor (i) who has agreed to be bound by the terms of this Agreement as well as a separate agreement governing a license to use certain Materials (the “License Agreement”); (ii) who has completed at least one round of training and remains current on the CTS training requirements to CTS’s satisfaction; and (iii) whose License Agreement with CTS remains in force and has not terminated.
c. “Parents” shall mean the parent of a person (i) under the age of 18; and (ii) who takes lessons in baseball or softball from CTS or a Licensed Instructor.
d. “Term” shall have the meaning set forth in Section 7(a) of these Terms of Use.
3. Access and Use.
a. Access. You are solely responsible for making all arrangements necessary (including paying any rates and fees necessary) to have access to the Internet, data networks, devices, compatible software and hardware, and other goods and services to the extent necessary to access and use the Site. You acknowledge that your access to and use of the Site may experience delays or errors due to reliance on the Internet and electronic communications systems. You are responsible for ensuring that others who access and use the Site through your internet connection comply with the terms and conditions of this Agreement.
b. Subscription, Registration, Log In. To access certain parts of the Site, to access portals on the Site that take you to a third-party website, and/or to contact CTS to explore the possibility of becoming a Licensed Instructor, it is necessary for you to provide CTS with certain details, register, and subscribe as a member. It is a condition of your use of the Site that all information you provide is correct, current, and complete. All the information you provide to CTS to register and subscribe to the Site or otherwise is governed by the Privacy Policy and you consent to all actions taken with respect to your personal information (and that of your child) that are consistent with the Privacy Policy. You acknowledge and agree that your registration and subscription to membership will not be complete unless/until CTS has formally accepted your request, and that CTS has no obligation to accept such request but may choose whether to do so in its sole discretion.
c. Credentials. If you choose or receive a username, password, or other information as part of CTS’s security procedures, you must treat such information as confidential and must not disclose it to anyone else. You acknowledge that your account is personal, and you agree not to provide any other person with access to the Site or parts of it using your credentials. You shall notify CTS right away if you discover or suspect any unauthorized access to or use of your account. You shall protect the confidentiality of your credentials and use caution when accessing your account from a public or shared computer. You acknowledge that CTS may disable any username, password or other credentials at any time in CTS’s sole discretion for any reason or no reason, including if CTS believes you have violated this Agreement.
d. Acknowledgement of Nature of Relationships. You acknowledge and agree that Licensed Instructors are not employees, agents, or representatives of CTS and that CTS is not responsible for the acts or omissions of the Licensed Instructors. If you are a player studying with a Licensed Instructor or Parent whose child studies with a Licensed Instructor, your relationship with the Licensed Instructor is independent of your relationship with CTS under this Agreement and CTS is neither liable for nor responsible for any breaches of that relationship or any agreement governing it. Furthermore, you acknowledge and agree that CTS is not responsible for the acts or omissions of Parents. If you are a Licensed Instructor, your relationship with a Parent (and/or player) is independent of your relationship with CTS under this Agreement and CTS is neither liable for nor responsible for any breaches of that relationship or any agreement governing it. While this Site may identify individuals who are Licensed Instructors authorized to use the Materials, such identification does not constitute an endorsement, affiliation, approval, or sponsorship between CTS and such individual.
e. Modifications and Availability of Site. CTS may withdraw, modify, or restrict access to the Site or any part of it in its sole discretion and without notice. CTS may discontinue the Site at any time. CTS may make changes to the Materials and the content of the Site and/or any of the links at any time. CTS shall have no liability if the Site or any part of it is unavailable at any time for any period.
f. Parents. If you are a student studying with CTS or a Licensed Instructor or if you are a Parent of a student studying with CTS or a Licensed Instructor, you agree to be bound by the terms of this Agreement and the following terms apply to you. Subject to each term and condition of this Agreement, you may view training information Materials that CTS makes available to you via the portal accessed from the Site. You may not make copies of such Materials. You agree to pay the fees CTS requires for viewing the Materials on the portal. Parents (and the players studying with CTS or Licensed Instructors) shall protect the confidentiality of any Materials shared with them and shall not disclose them to any third parties.
4. Restrictions on Use of Site
a. General. You may only view the Site for your personal, non-commercial purposes (including by allowing your computer to store copies of the Site and materials temporarily in RAM incidental to accessing and viewing the Site and by allowing your computer to store files automatically cached by your browser to enhance the display) and only if you meet the eligibility requirements set forth in the introductory paragraphs above and comply with the terms of the Agreement. CTS reserves any rights not expressly granted in this Agreement. You must comply with all applicable laws and this Agreement when accessing and using the Site and use the Site only for lawful purposes.
b. No Copying. Except to the extent such restrictions are prohibited by applicable law, you may not copy, reproduce, modify, adapt, disassemble, reverse engineer, decompile, distribute, re-post, sell, resell, lease, license, perform, display, download, transfer, transmit, stream, broadcast, create derivative works from, translate, circumvent any anti-piracy technology or features that enforce limitations on use of, otherwise alter or attempt to discover the source code, object code, or other portion of, or otherwise use or exploit the Site or its content (including the Materials) except as expressly permitted in this Agreement. You may not access or use any portion of the Site for commercial purposes. You shall not link to, mirror, or frame the Site or any part of it. CTS’s copyrights extend not only to individual items of content and the Materials, but also to the selection, organization, and arrangement of the content on the Site. Any unauthorized use of the content of the Site may violate U.S. and international copyright laws, trademark laws, privacy laws, publicity laws, and/or communications treaties, statutes, and/or regulations. If you breach any of the restrictions above, your right to use the Site will cease immediately and you must, at CTS’s option, return or destroy any copies of materials from the Site that you have made.
c. No Disruption. You shall not (i) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site, (ii) use, cause, or launch any robot, spider, program, script, or other automatic device, process, or means to access the Site for any purpose, including scraping, indexing, surveying, data mining, monitoring or copying any of the material available through the Site, (iii) use any manual process to monitor or copy any of the material available through the Site, (iv) use any device, software, or routine that interferes with the proper working of the Site, (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, (vi) attempt to gain unauthorized access to, interfere with, damage, impair, or disrupt any parts of the Site, the server on which transmissions through the Site are stored, or any server, computer, database, system, or network connected to the Site, (vii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack, (viii) otherwise attempt to burden or hinder the operation of the Site, interfere with the proper working of the Site, or the use and enjoyment of them by others as determined by CTS in its sole discretion.
d. No Abuse. You shall not use the Site to: (i) promote or engage in any illegal or unauthorized use or in any way that violates applicable federal, state, local, or international law or regulations (including without limitation, any laws regarding the export or re-export of data or software to and from the US or other countries); (ii) impersonate any person or entity; (iii) stalk or harass any other person; (iv) harm or exploit minors in any way, including by requesting personal information from them or displaying inappropriate content; (v) falsely state or misrepresent your affiliation with another person or entity or to impersonate or attempt to impersonate CTS, a CTS employee, another user, or any other person or entity, whether by using that person’s email address, screen name, or other indicia associated with the foregoing or otherwise or that misleadingly give the impression that they emanate from or are endorsed by CTS or any other person or entity if that is not the case; (vi) provide any false or misleading data or materials likely to deceive others; (vii) infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person; (viii) access or use the account of another user; (ix) distribute or procure the sending of unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other messages for any commercial purposes; (x) transmit or distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (xi) “hack” or access without permission CTS’s proprietary or confidential records or those of any other third party; (xii) transmit, upload, post or promote any libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, sexually explicit, pornographic, or otherwise objectionable materials (as determined by CTS in its sole discretion), materials that promote discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, age, or other materials that could give rise to any civil or criminal liability under U.S. or international law; (xiii) promote any illegal activity or advocate, promote, or assist any unlawful act; (xiv) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; or (xv) deploy or use bots, robots, web crawlers, or other similar electronics or computer code to scrub, copy, or capture data.
5. Additional Restrictions
a. General. You shall not access or otherwise use the Site or Materials except as you are expressly permitted under this Agreement or a separate written agreement with CTS. Without limiting the foregoing, you shall not and shall not permit others to (i) copy, reproduce, modify, or create derivative works, methods, or programs of the Materials; (ii) rent, lease, sell, sublicense, assign, distribute, publish, transfer, disclose, or otherwise make available the Materials; (iii) remove any proprietary notices from the Materials; (iv) use the Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property rights or other right of any person, or that violates any applicable law; (v) combine or integrate the Materials with any other materials or services; (vi) obtain the Materials from any source other than CTS; (vii) access areas of the Site or Materials that are not expressly made available to you by CTS.
b. Intellectual Property Notices. You shall preserve and shall not remove, obscure, or modify any Intellectual Property notices appearing on the Materials. No Other Use. You may not use the Materials in any way except as you are expressly permitted in this Agreement or a separate written agreement you have with CTS. Without limiting the foregoing, you may not make copies of any Materials, may not create derivative works from the Materials, may not translate the Materials, may not publicly display the Materials, may not distribute the Materials, may not share any of the Materials with third parties, and may not make any use of the Materials except as expressly permitted within the restrictions and obligations set forth in this Agreement.
c. No Trademark Use. You acknowledge and agree that CTS is the sole and exclusive owner of the marks CROSS THE SEAMS and as well as U.S. Reg. Nos. 5646231 and 5446237 protecting each of the foregoing marks as well as other marks used by CTS to indicate the source of its goods and/or services and the goodwill of the business symbolized by each (collectively, the “Marks”) and that the Marks form part of CTS’s Intellectual Property. You acknowledge and agree that nothing in this Agreement permits you to use the Marks. You agree not to use the Marks or any marks confusingly similar to the Marks during and after the Term of this Agreement. You agree not to challenge CTS’s rights in and to the Marks during and after the Term of this Agreement.
6. Intellectual Property
Ownership. All features, functionality, and content that is part of this Site, including without limitation information, data, photographs, images, text, Materials, Licensed Know-How, journal or blog posts, descriptions, videos, music, audio, sounds, graphics, illustrations, images, video clips, software applications, scripting, catalogs, manuals and guides, communications, and other materials, features, and services (collectively, “Content”), and the design, selection, and arrangement of the Content as well as all Trademarks, and the Intellectual Property rights arising out of the foregoing are the sole and exclusive property of CTS or its licensors and are protected by Intellectual Property laws. You should assume that all Content on the Site is protected by copyright laws (regardless of whether a notice appears in connection with such Content or materials) and may not be used without prior written consent of CTS. Without limiting the foregoing, you may not use any Trademarks without CTS’s advance written permission. All rights not expressly granted in this Agreement are hereby expressly reserved. Any breach of this Agreement may violate Intellectual Property laws. No right, title, or interest or permission in or to the Site, the Content, the Trademarks or any part of the foregoing is transferred to you by implication, estoppel, or otherwise. Notices. You may not remove or alter any copyright, trademark, or other Intellectual Property or other proprietary notices from any portion of the Site.
7. Term and Termination
a. Term. The term of this Agreement shall begin on the earlier of the date that you access the Site or agree to be bound by the terms of this Agreement and shall last until terminated in accordance with the terms and conditions of this Agreement (the “Term”). b. Termination. i. Convenience. CTS may terminate this Agreement with you for convenience, for any reason or no reason, on written notice to you. ii. Breach. Either party may terminate this Agreement by written notice to the other party if such other party commits an incurable breach or fails to cure its curable breach of this Agreement within thirty (30) days of receiving notice of such breach. iii. Insolvency. Either party may terminate this Agreement on written notice to the other party if the other party: (A) becomes insolvent or admits of an inability to pay its debts as they become due; (B) becomes subject to voluntary or involuntary proceed under any domestic or foreign bankruptcy or insolvency law that is not fully dismissed within forth five (45) days after filing; (C) is dissolved or liquidated or takes any corporate action for such purpose; (D) makes a general assignment for the benefit of creditors; or (E) has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of such party’s property or business.
c. Effect of Termination. The termination of this Agreement shall not affect the respective rights and obligations of the parties arising under it before the effective date of termination and shall not limit the parties’ rights and remedies under applicable law or in equity. Termination in accordance with the provisions of this Section 7 shall not constitute breach of this Agreement.
d. Post-termination. Upon termination or expiration of this Agreement for any reason (and at any time during the Term at CTS’s request), the permissions granted to you shall immediately terminate and you shall immediately cease and discontinue all use of the Site and Materials, and shall destroy such Materials in your possession or control (without retaining any copies) and certify its return and delivery or its destruction in writing to CTS. You shall immediately delete, destroy, and remove, from your physical and electronic files all modifications, changes, and elements that were constructed for the purpose of using the Materials. Under no circumstances may you continue to use the Materials following termination or expiration of this Agreement for any reason. In addition, you shall cease all use of the Site immediately following expiration or termination of this Agreement for any reason.
8. Representations, Warranties, DisclaimeR
a. Representations and Warranties. You represent and warrant that all information you provide to CTS is true, accurate, and complete. b. Disclaimer. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
9. Indemnification
a. Indemnification. You shall indemnify, defend, reimburse, and hold harmless CTS as well as its owners, officers, directors, employees, agents, representatives, successors, and assigns (each, an “Indemnified Party”) from and against any and all claims, causes of action, damages, deficiencies, liabilities, judgments, settlements, interest, fines, penalties, awards, costs, expenses (including without limitation reasonable attorneys’ fees and disbursements of counsel as well as the cost of pursuing any insurance providers) arising out of or related to (i) your actual or alleged breach of this Agreement or any representation, warranty, or obligation in it; (ii) your use of the Materials and/or the Site; (iii) any actual or alleged infringement of any third party’s Intellectual Property right arising out of or related to your unauthorized use of the Materials and/or the Site; (iv) your acts or omissions, including without limitation any bodily injury, death of any person, or damage to real or tangible personal property resulting therefrom.
10. Limitation of Liability
NOTWITHSTANDING ANY OTHER PROVISION IN TH IS AGREEMENT, TO THE FULLEST EXTEN T PERMITTED BY LAW, UNDER NO CIRCUMSTANC ES WILL CTS OR ITS SUPPLIERS OR LICENSO RS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIA, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DA MAGES OF ANY KIND OR NATURE, REGARDLESS OF THE F ORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF CTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. N OTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CTS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE OF ACTION. T HE FOREGOING LIMITATION S SHALL APPLY EVEN I F CTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR N OT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR CTS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. No Reliance
CTS makes information available on or through the Site solely for general informational purposes. CTS does not warrant the accuracy, currency, completeness, or usefulness of this information and you rely on such information strictly at your own risk. Information posted on the Site may be incomplete or out of date and CTS has no obligation to update such information. CTS disclaims all liability and responsibility arising from any reliance you or others place on the information found on the Site. CTS assumes no liability or responsibility for any errors or omissions in the Content of the Site.
12. Privacy
Any information CTS collects about you during your visit to the Site is subject to the Privacy Policy which is incorporated into this Agreement by this reference. By accessing and using the Site and/or by affirmatively agreeing to be bound by the terms and conditions of this Agreement, you consent to all actions CTS takes with respect to your personal information that comply with the Privacy Policy.
13. Geography
CTS is based in the State of Tennessee and provides services in the United States. CTS makes no claim that its Site is accessible or appropriate outside the United States. If you access the Site outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14. Links
a. Social Media. The Site may contain certain social media features that allow you to link to Content on the Site from your own - or third-party websites. You may use these features solely as they are provided by CTS, solely in connection with the content associated with such features, and solely subject to this Agreement and any additional terms and conditions imposed by CTS in connection with such features. You may not establish a link from a website you do not own, allow the Site to be displayed by framing, deep linking, or in-line linking on another website, allow display of any Content in connection with content that would violate the anti-abuse standards in this Agreement, or otherwise take any action regarding the Site’s materials that is inconsistent with the terms and conditions of this Agreement. CTS may disable any social media features or links at any time without notice and at CTS’s sole discretion. You will cooperate with CTS in causing any unauthorized framing or linking immediately to stop. CTS reserves the right to withdraw linking permission without notice in CTS’s sole discretion.
b. Links to Websites. Note that in some cases clicking on a link posted on the Site may take you to a third-party website. If the Site contains links to websites and resources provided by third parties, such links are provided for your convenience only. CTS does not control the content of those websites or resources and accepts no responsibility for them or any loss or damage that may arise from your use of them. If you decide to access any third-party websites or resources linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and resources. The existence of any link to another site does not imply endorsement by CTS of such site. Your access to any off-site webpages or sites is at your own risk. You may not link to this Site without CTS’s prior written consent.
15. General
a. Governing Law and Venue. This Agreement is governed by and shall be construed in accordance with the law of the State of Tennessee and the United States without regard to its conflict of laws principles. Any dispute arising out of this Agreement, your use of the Site, or your relationship with CTS shall be brought exclusively in the state or federal courts siting in Davidson, County, Tennessee and you irrevocably agree to the personal jurisdiction of such courts. ANY CAUSE OR ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE, OR YOUR RELATIONSHIP WITH CTS MUST BE COMMENCED ONLY ON YOUR OWN BEHALF AND WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SHALL BE PERMANENTLY BARRED.
b. Force Majeure. CTS shall not be liable for any failure or delay in performance of its obligations when such failure or delay is due to any act of God, tornado, fire, hurricane, flood, labor strike, act of war, act of terror, government order, strikes, pandemics, epidemics, delays in supply, or other event similarly outside of CTS’s control.
c. Notice. All notices for CTS required under this Agreement shall be in writing sent by hand, certified mail return receipt requested, or reputable overnight courier service addressed to 119 Cambria Drive, White House, TN 37188 unless changed by notice pursuant to this section. Notice to CTS sent in the foregoing manner shall be effective three (3) business days after they are sent. All notices for you required under this Agreement may be sent by email to the email address provided by you or posted on the Site. Notices sent by email shall be effective when the email is sent and a notice posted to this Site shall be effective once it is posted. It is your obligation to make sure your email address stays current.
d. Relationship. Nothing in this Agreement or your use of the Site shall create any partnership, joint venture, employment, attorney-client, fiduciary, or agency relationship between you and CTS. Rather, you and CTS remain independent contractors.
e. No Third-Party Beneficiary. This Agreement may be enforced only by the parties and their permitted successors and assigns.
f. No Assignment. This Agreement is binding on and benefits the parties and their successors and permitted assigns. You shall not assign or delegate any of your rights or obligations under this Agreement. Any purported assignment or delegation in violation of this Section 15(f) is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
g. Severability. If a court or other tribunal of competent jurisdiction holds any provision of this Agreement invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent required and the remaining provisions of the Agreement will continue in full force and effect.
h. Remedies. Except as otherwise expressly stated in this Agreement, all remedies are cumulative, and the exercise or partial exercise of any such right or remedy shall not preclude the exercise of any other.
i. Waivers. None of this Agreement’s provisions may be waived except in writing signed by the party charged with waiving its rights. No waivers shall be implied, whether from any custom or course of dealing or any delay or failure in a party’s exercise of its rights and remedies hereunder or otherwise. Any waiver granted by a party shall not obligate such party to grant any further, similar, or other waivers.
j. Amendments. CTS may amend this Agreement from time to time in its sole discretion and such revisions will apply to your use of the Site once the revised version is posted to the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
k. Entire Agreement. This Agreement (including the documents incorporated by reference) is the entire agreement between the parties, superseding any and all other prior or contemporaneous agreements, promises or representations between them regarding the subject matter of this Agreement unless otherwise agreed in writing signed by the parties.