PARTIES TO THE TERMS OF SERVICE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, clients or customers (collectively referred to herein as “Visitor”, “Visitors” or “You”) are parties (“Party” or “Parties”) to this Agreement. The owners and/or operators of this website (herein referred to as “Baseball Dudes”, “Baseball Dudes LLC”, “Company”, “We” or “Us” are parties to this agreement.
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this Baseball Dudes LLC to the contrary, you have no right to use this information in a commercial or public setting. You have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website, You agree to this condition and You acknowledge that any unauthorized use is unlawful and may subject You to civil or criminal penalties. Again, Visitor has no right whatsoever to use this website’s content (or any portions thereof), including its databases, invisible pages, linked pages, underlying code, or any other intellectual property the site may contain, for any reason other than for the private, noncommercial purposes approved by the Company. Visitor agrees to liquidated damages in the amount of U.S. $100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by Baseball Dudes LLC. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reasons other than those intended by the owner/operator of the website is prohibited without express permission of the Company.
HYPERLINKING TO SITE, CO-BRANDING, REFERENCING AND “FRAMING” SITE PROHIBITED
Unless expressly authorized by the Company, no one may hyperlink this site, or any portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Company to remove or deactivate links or frames related to any such activities and to be liable for all related damages and costs. You hereby agree to liquidated damages of U.S. $100,000 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
Baseball Dudes LLC disclaims any responsibility for the accuracy of the content on this website or its suitability for any particular purpose. Visitors assume all risk of viewing, reading, using, or relying upon this information.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER, SOFTWARE OR DATA BY INTERACTING WITH THIS WEBSITE OR ITS CONTENTS USING THE INTERNET.
Visitor assumes all risks from computer walware (including, but not limited to, viruses, worms, trojan horses, rootkits, keyloggers, spyware, adware and other malicious software programs) that may be introduced as a result of interacting with our website or its contents using the Internet. Baseball Dudes LLC assumes no responsibility for (1) damage to Visitor’s computers, software or data or (2) damage to computers, software or data belonging to any third party with whom Visitor may subsequently communicate. Again, Visitor views and interacts with our website as well as any banners, pop-ups or other advertising that may be displayed on it, at Visitor’s own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at Visitor’s own risk. Baseball Dudes LLC makes no warranty that downloads are free of corrupting computer code, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with the content on our website (including, but not limited to, text, audio, video, software tools, banners, pop-ups, third-party links and downloads), and as a condition for Baseball Dudes LLC to allow Visitor access to the site, Visitor forever waives all rights to claims of damage of any and all description potentially resulting from accessing http://baseballdudes.com
As a condition of accessing our website, You agree that You will reimburse Baseball Dudes LLC for any damage You cause and for which the Company is required to pay.
No additional notice of any kind is due Visitor for any reason, and Visitor expressly agrees that the right to notice is waived as a condition for permission to view or interact with the website.
GOVERNING LAW AND DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of our website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree that the sole and proper jurisdiction and venue will be the city, state and federal courts nearest Vancouver, Clark County, Washington, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Baseball Dudes LLC and You arising out of or in connection with your use of the website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the Parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Baseball Dudes LLC as a result of these Terms of Service or your access to and use of our website.
No Third Party Beneficiaries. Except as otherwise expressly provided herein, these Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
Severability. If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect.
No Waiver. Baseball Dude LLC’s failure to seek redress for violation of or to insist on strict performance of any provision of these Terms of Service shall not constitute a waiver by the Company of any provision or any right it has to enforce these Terms of Service. Further, no waiver of any provision herein shall be deemed a waiver of any other provision, whether or not similar, nor constitute a continuing waiver unless it is expressly stated so in writing. You agree that no course of conduct between Baseball Dudes LLC and You or any other party be deemed to modify any provision of these Terms of Service.
Electronic Contracting. You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In cases where Baseball Dudes LLC, in its sole discretion, seeks your consent to these Terms of Service or to terms and conditions of certain other agreements on this website by means of an electronic signature that asks You to “click” on boxes containing the words “I Accept”, “I Agree” or other similar phrases (collectively, “Acceptance Terms”), You acknowledge and agree that your “click” will be deemed a legally binding electronic signature. You further agree that You will carefully review any document or web page before making such an electronic signature.
Entire Agreement. Except as otherwise specified herein, these Terms of Service constitute the entire agreement between You and Baseball Dudes LLC with regard to your use of our website, and any and all other written or oral agreements or understandings previously existing between You and Baseball Dudes LLC with respect to such use are hereby superseded and canceled. Baseball Dudes LLC will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected. The information on this website is subject to change without notice.
Baseball Dudes LLC
ATTN: Chris Gissell
4310 NW 121st Circle
Vancouver, WA 98685
Effective: February 1, 2013