Terms and ConditionsBaseball-FUNdamentals.com maintains this website as a service to its customers. By accessing and/or using the web Site owned, operated and/or maintained by Baseball-FUNdamentals.com, you are expressly agreeing to comply with and be bound by the following Terms of Use and the Baseball-FUNdamentals.com Privacy Statement, as well as all applicable laws and regulations. We've created these Terms of Use to protect you and to ensure that Baseball-FUNdamentals.com is safe and fun for everybody. If you do not agree with these Terms of Use, you are not authorized to use the Baseball-FUNdamentals.com Site and must not access or use them! Baseball-FUNdamentals.com may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Baseball-FUNdamentals.com Site indicates your agreement with any such changes.
1. Copyright.
Ownership. All content included on the Baseball-FUNdamentals.com Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Baseball-FUNdamentals.com or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Baseball-FUNdamentals.com Site is the exclusive property of Baseball-FUNdamentals.com and protected by U.S. and international copyright laws. All software used on the Baseball-FUNdamentals.com Site is the property Baseball-FUNdamentals.com or its software suppliers and protected by U.S. and international copyright laws.
Permitted Use. The content and software on the Baseball-FUNdamentals.com Site may be used as an information, entertainment, registration and shopping resource. In addition, Baseball-FUNdamentals.com hereby authorizes you to view, copy, download, and print for personal use only any Baseball-FUNdamentals.com-owned content on the Baseball-FUNdamentals.com Site. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials owned by Baseball-FUNdamentals.com licensors. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by Baseball-FUNdamentals.com, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on the Baseball-FUNdamentals.com Site. Furthermore, you may not copy, reproduce or distribute the design or layout of the Baseball-FUNdamentals.com Site, the Baseball-FUNdamentals.com logos or other design elements or software. Any use of the Baseball-FUNdamentals.com Site content not described herein is strictly prohibited.
Copyright Complaints. Baseball-FUNdamentals.com respects the intellectual property of others, and we ask our content partners and Baseball-FUNdamentals.com members to do the same. If you believe that your copyrighted work has been copied and is accessible on the Baseball-FUNdamentals.com Site in a way that constitutes copyright infringement, you may notify Baseball-FUNdamentals.com by providing Baseball-FUNdamentals.com's copyright agent the following information:
a. an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
b. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
c. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
d. Identification of the URL or other specific location of the Baseball-FUNdamentals.com Site where the material that you claim is infringing is located, including enough information to allow us to locate the material.
e. Your name, address, telephone number and e-mail address.
f. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
g. A statement by you, made under the penalty of perjury, that the above information is your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Baseball-FUNdamentals.com's agent for notice of claims of copyright infringement on the Baseball-FUNdamentals.com site can be reached as follows: bfregistration@Baseball-FUNdamentals.com.
2. Permitted Use of Baseball-FUNdamentals.com Trademarks
Baseball-FUNdamentals.com trademarks identify Baseball-FUNdamentals.com products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require written permission from Baseball-FUNdamentals.com. Please make such requests by e-mail to bfregistration@Baseball-FUNdamentals.com; we will evaluate your request as soon as possible.
Trademarks: Baseball-FUNdamentals.com, Baseball-FUNdamentals.com and Logo.
3. User Submissions and Content
Baseball-FUNdamentals.com may provide interBaseball-FUNdamentals.com areas on the Baseball-FUNdamentals.com Site, in which users may post communications. You alone are responsible for the content of your communications, and the consequences of any such communications. By submitting content, which shall include your member name, to any "interBaseball-FUNdamentals.com area" of the Baseball-FUNdamentals.com Site, including message boards, forums, and chat rooms, you grant Baseball-FUNdamentals.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the Baseball-FUNdamentals.com interBaseball-FUNdamentals.com areas, you agree:
a. not to use the Baseball-FUNdamentals.com Site to send or post on message boards or any place on the Baseball-FUNdamentals.com Site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances.
b. not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Baseball-FUNdamentals.com.
c. not to use an inappropriate member name of any kind.
d. not to post or use the Baseball-FUNdamentals.com Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio.
Such actions shall constitute a material breach of these Terms of Use. Baseball-FUNdamentals.com reserves the right to delete from the Baseball-FUNdamentals.com Site any postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators.
4. Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web Sites. The linked Sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any Site to which we may provide links. You hereby waive any claim you might have against Baseball-FUNdamentals.com with respect to such Site.
In addition, you may order services or merchandise through the Baseball-FUNdamentals.com Site from other persons not affiliated with Baseball-FUNdamentals.com ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the Baseball-FUNdamentals.com Site. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Baseball-FUNdamentals.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Baseball-FUNdamentals.com, nor will Baseball-FUNdamentals.com be construed as, a party to such transactions, whether or not Baseball-FUNdamentals.com may have received some form of revenue or other remuneration in connection with the transaction. You agree that Baseball-FUNdamentals.com will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
Baseball-FUNdamentals.com and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Baseball-FUNdamentals.com makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Baseball-FUNdamentals.com nor such third party shall have any liability with respect thereto.
5. Registration and Password
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Baseball-FUNdamentals.com of any unauthorized use of your registration.
6. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF BASEBALL-FUNDAMENTALS.COM IS AT YOUR SOLE RISK. BASEBALL-FUNDAMENTALS.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BASEBALL-FUNDAMENTALS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT BASEBALL-FUNDAMENTALS.COM’S LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY BASEBALL-FUNDAMENTALS.COM FROM YOU.
THE INFORMATION ON BASEBALL-FUNDAMENTALS.COM IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BASEBALL-FUNDAMENTALS.COM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN BASEBALL-FUNDAMENTALS.COM, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. BASEBALL-FUNDAMENTALS.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON BASEBALL-FUNDAMENTALS.COM CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON BASEBALL-FUNDAMENTALS.COM.
Baseball-FUNdamentals.com makes no warranty that the Baseball-FUNdamentals.com Site' services will be uninterrupted, secure or error free. Baseball-FUNdamentals.com does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Baseball-FUNdamentals.com Site. Baseball-FUNdamentals.com is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Baseball-FUNdamentals.com Site is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
7. Limitation of Liability
BASEBALL-FUNDAMENTALS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE BASEBALL-FUNDAMENTALS.COM OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH BASEBALL-FUNDAMENTALS.COM OR (D) THE USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH BASEBALL-FUNDAMENTALS.COM (E) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY BASEBALL-FUNDAMENTALS.COM (F) PERSONAL INJURY NOT CAUSED BY BASEBALL-FUNDAMENTALS.COM’S GROSS NEGLIGENCE (G) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF BASEBALL-FUNDAMENTALS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to defend, indemnify and hold harmless each of Baseball-FUNdamentals.com and its officers and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of your use of Baseball-FUNdamentals.com, any of its webSite, any products purchased off of Baseball-FUNdamentals.com’s webSite, the use by you of any training programs purchased through Baseball-FUNdamentals.com, your violation of these Terms and Conditions, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
9. Termination
Baseball-FUNdamentals.com reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access Baseball-FUNdamentals.com and/or any other service provided to you by Baseball-FUNdamentals.com upon any breach by you of the Terms of Use or upon your demonstration of conduct that Baseball-FUNdamentals.com determines to be inappropriate.
10. Applicable Law; Consent to Jurisdiction
The Baseball-FUNdamentals.com Site (excluding linked Site) are controlled by Baseball-FUNdamentals.com from its offices within the Commonwealth of Massachusetts, United States of America. The Baseball-FUNdamentals.com Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Massachusetts, by accessing the Baseball-FUNdamentals.com Site both you and Baseball-FUNdamentals.com agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Baseball-FUNdamentals.com Site.
You agree that exclusive jurisdiction for any dispute with Baseball-FUNdamentals.com, or in any way relating to your membership or use of Baseball-FUNdamentals.com, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any dispute including any claim involving Baseball-FUNdamentals.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
11. Miscellaneous
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Baseball-FUNdamentals.com may assign its rights and obligations under these Terms of Use and upon such assignment Baseball-FUNdamentals.com may be relieved of any further obligation hereunder.
You represent to Baseball-FUNdamentals.com that you have the authority to register with Baseball-FUNdamentals.com according to these Terms of Use.
With your prior approval, Baseball-FUNdamentals.com reserves the right to charge fees, surcharges and/or membership fees at any time. Please see our Credit Card Payment Policies for additional information.
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