Terms and Conditions
ST. RITA BASEBALL BRACELET, LLC (“ST. Rita Baseball”, or the “Company”) and its website, www.baseballbelieve.com (the “Site” or the “Website”) provides its products and services to you subject to the following conditions. Please read these Terms and Conditions (the “Terms”) carefully before accessing or using the Site. By accessing, registering for or using the Site, or purchasing products or services through the Site, you agree to be bound by these Terms (all policies and guidelines of the Website are incorporated by reference) which are set forth below. Any person who wants to use the Site must accept these Terms without change.
Where appropriate, St. Rita Baseball is referred to below as “St. Rita Baseball,” “we,” “us,” “our,” or “Company.” The term “you” refers to the user or viewer of our website.
PERMISSIBLE USE OF WEBSITE
You agree that:
(a) Your use of the Website is subject to and governed by these terms and conditions;
(b) Only persons at least 18 years of age (or minors with their parents’ consent) may access or use the Website and transact business with ST. Rita Baseball;
(c) You will comply with and be bound by these terms and conditions in their then-current form as they appear on the Site each time you access and use the Website;
(d) Each visit to the Website by you indicates and confirms your assent and agreement to be bound by our terms and conditions; and
(e) These terms and conditions are a legally binding and enforceable agreement between yourself and ST. Rita Baseball.
You agree not to use or attempt to use the Website for any purpose that:
(a) is any way unauthorized, unlawful or prohibited, or that is harmful or destructive to ST. Rita Baseball or any third party;
(b) transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited e-mail, or other unsolicited commercial communications;
(c) transmits any harmful or disabling computer codes, spyware, adware or viruses;
(d) interferes with ST. Rita Baseball’s network services;
(e) attempts to gain unauthorized access to the Company’s network services or proprietary information;
(f) impairs or limits ST. Rita Baseball’s ability to operate the Website or any other person’s ability to access and use the Website or its services;
(g) uses any methods, means, or devices to access the Website or cause access to the Website for the purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with the Company;
(h) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
(i) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(j) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
(k) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
(l) dilutes or depreciates the name and reputation of the Company or any of its officers, agents, representatives or affiliates;
(m) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; and/or
(n) unlawfully uploads any confidential, proprietary or trade secret information.
The Company reserves the right to establish general practices and limits concerning use of the Website, including without limitation restrictions relating to property, photo, videos and items that may be submitted, or other uploaded Content, or the maximum size of any message that may be sent from or received by the Website. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted on the Website.
REVOCATION OF USE RIGHTS
The Company reserves the right at all times, in its sole and absolute discretion and without notice to you, to deny your access to and use of the Website and any other related Company service. You may not use the Website or any affiliated site to transmit unsolicited e-mail to this Site or to anyone whose e-mail address is included under the domain name of our Website or any affiliated Website. Violation of these Terms may result in a variety of actions, including legal actions and forfeiture of fees paid to the Company.
You agree and acknowledge that it is your sole responsibility and liability, to provide, obtain and maintain all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary to access and use the Website.
In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
a. Billing. If you select to purchase the Company’s different products, you are expressly agreeing that we are authorized to charge you the fee associated with the type of product that you have selected. You agree that we are authorized to charge you the product fee at the then-current rate to the Payment Method you provide during such purchase. Please note that prices and charges are subject to change without advanced notice. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The product fee will be billed at the moment you select to acquire such product.
b. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will provide advance notice of these changes on our Site. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your Account management page.
RESPONSIBILITY REGARDING OUR PRODUCTS
ST. Rita Baseball provides a Website for the purchase of the Company’s products, as well as a gateway to provide information to users about such products. We do not make any guarantees or expectations as to results (specific, general or otherwise) through use of our products. Results may vary from person to person. As a user you access the Website and use the products at your own risk.
ST. Rita Baseball retains the right to determine the content, appearance, design, functionality and all other aspects of the Website (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Website and any element, aspect, portion or feature thereof, from time to time), and to require any member or third party produce or service provider not to list, any or all services in our sole discretion. You will stop and/or cancel services offered on the site if we ask you to do so.
RETURNS AND EXCHANGES; NO REFUND POLICY
Descriptions, images, specifications, pricing and availability of any products are subject to change without notice. The Company reserves the right, with or without prior notice, to limit the available quantity of or to discontinue any product, to impose conditions on any coupon or promotional code and to refuse any order in their sole discretion. If your product arrives damaged or defective, you must contact the Company to inquire into their refund or exchange policy. Other than exchanges for damaged products, ALL SALES ARE FINAL.
You shall be required to follow all Company refund and exchange policies for all products purchased or ordered on the Website, and accept and process exchanges relating to your products in accordance with the Returns and Exchange Policy posted on this Website at the time of the applicable order.
THE WEBSITE AS A PLATFORM
ST. Rita Baseball serves as a Website gateway and marketplace, connecting users to ST. Rita Baseball’s products. The role of the Company is limited to providing a gateway and marketplace to assist in the dissemination of information about the products and the sale thereof. ST. Rita Baseball is not responsible for, any interactions between its users and/or any third party product or service provider. As such, no agency or fiduciary relationship is intended to be or shall be deemed to have been created between the Company and any user. The Company makes no warranties or representations about the products sold on the Site, or persons, entities, or companies listed on the Website.
USER SUBMITTED CONTENT
You, and not the Company, are entirely responsible for all publicly accessible Content that you upload, promote, sell, transfer, or otherwise convey or transmit via the Website.
By uploading Content to our Website, you agree:
(i) That you own or have the necessary licenses, rights, consents and permissions (“Rights”) to your Content and any other works that you incorporate into your Content, and you authorize and license ST. Rita Baseball to use your Content in the manner contemplated in these Terms; and
(ii) That you will provide true, accurate, current and complete information, and to make any and all disclosures required under applicable law, relating to any business or other proprietary assets submitted by you in connection with any Product hereunder.
By submitting your Content to the Company, you hereby grant the Company and its affiliates a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses to (i) host, cache, store, archive, index, crawl, create algorithms based on, or modify your Content to appropriate media formats or mediums in any and all forms and by whatever means; (ii) to use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, display, modify, adapt, edit, excerpt, communicate, translate, prepare derivative works and compilations of, compress, transmit, integrate, insert, market and promote your Content in any and all forms and media and by whatever means, and to exploit any and all rights relating thereto and derived therefrom; and (iii) to use your Content, in whole or in part, for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, reproduce and distribute your Content in any and all forms and media and by whatever means whether now known or hereafter devised or created, to exploit any and all rights relating thereto and derived therefrom, and to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.
INTELLECTUAL PROPERTY RIGHTS
The marks appearing on the Website or any affiliated site, including, but not limited to, ST. Rita Baseball’s respective logos, emblems, slogans, trade dress and designs are trademarks and/or service marks of ST. Rita Baseball (the “Marks”). You agree not to use or otherwise appropriate any of Marks appearing on or in association with this Website or any affiliated site. You will further indemnify the Company against any loss or damage accruing to it as a result of your unauthorized use of the ST. Rita Baseball Marks, including the payment of any attorney’s fees.
Any third-party trademarks and/or service marks appearing on the Website are the property of their respective owners and may not be used without the express permission of those respective owners. You agree not to use or otherwise appropriate any third-party trademarks or service marks appearing on or in association with the Company or the Website, and you assume any and all liability associated with any unauthorized use. You will further indemnify ST. Rita Baseball against any loss or damage accruing to it as a result of any unauthorized use, including the payment of any attorney’s fees.
You further acknowledge and agree that:
(a) all Marks, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of Website (the “Website Content”) are protected by various intellectual property laws in the United States and abroad, including, but not limited to, copyright law, trademark law, and common law principles of trade secret and trade dress; and
(b) all rights associated with the Website Content are owned by ST. Rita Baseball, its licensors, or third-party content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Website Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Website Content.
You may not use the Website Content, domain names (in whole or in part), or e-mail addresses related to or derived from the Website Content, the Company, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from the Website Content or the Company, for any purpose; further meaning that you may not, among other prohibited uses, use any Website Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from the Company:
(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering term;
(c) as content or advertising related to any other website including, but not limited to, critical, comparative, or informational websites; and/or
as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Website or controls the content of any other Internet browser window.
DIGITAL MILLENNIUM COPYRIGHT ACT
The Company is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Website infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on Website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to the following address:
8117 NW 127 Lane, Parkland, Fl, 33076
LIMITATION OF LIABILITY
Any communications or interactions between yourself and other users, third parties, professionals, and/or advertisers or otherwise on or through the Website, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You acknowledge and agree that the Company is not responsible for the acts or omissions of its unaffiliated third parties or its members and shall bear no responsibility (financial, criminal, civil or otherwise) as a result of any action or inaction on the part of any third party with respect to your contact information, and/or any product. Furthermore, the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties, members, professionals, or otherwise on the Website.
In the event that you have a problem or issue with a third party or incur damage as a result of third party action or inaction for any reason, you must contact the third party directly to resolve such issue. In the event that your personal data is misused by any third party, the Company shall bear no responsibility for such unauthorized dissemination, and shall not be liable in any way for the actions of any third party affiliate which may receive your contact information. In the event of a dispute between yourself and one or more users of the Website, you hereby release ST. Rita Baseball (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By agreeing to these Terms you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
LINKING AND THIRD-PARTY ADVERTISING
Not Responsible For Links to Other Web sites. From time to time this Website may include links to third party sites. These links are provided for your convenience to offer you further information on products and services. We have no responsibility for the content of the linked website(s). Unless expressly stated otherwise on this Website, ST. Rita Baseball does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any third party sites to which this Website may provide a link or may put you in contact with. By using this Website you acknowledge and agree that ST. Rita Baseball will not be responsible or liable to you or any other person for any damages or claims that might result from your access and use of such third party content, product and/or service, calculation, information, products or materials.
You agree and acknowledge that we may revise or change these Terms and Conditions at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms and Conditions as they appear on this Site at the time you access this Site. Because these Terms and Conditions may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, Products, and materials on or available through this Site are subject to updating, cancellation and/or revision without notice to you. The Company reserves the exclusive right to change pricing, at anytime, with prior notice. These Terms and Conditions were last revised on July 1st, 2016.
You understand and acknowledge that ST. Rita Baseball controls and operates this Website from within the United States of America. This Website provides information regarding products that are made available in the United States. We make no representation that the products about which information may be provided on this Website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Website.
USER IDs AND PASSWORDS
Certain areas or features of this Site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify the Company immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts of this Website employ technologies to secure your data and the transmissions between you and the Company, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
PRIVACY AND SECURITY
Required Information: We identify what information is required to fulfill your order, and to provide you with additional information regarding the Products. If you choose not to provide such required information, we may not be able to fulfill your order or provide you with additional information.
Service Providers: In some cases, we employ or use service providers such as consultants, temporary workers and third party software developers, to complete a business process or provide a service on our behalf. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.
Legal Disclosures: In some instances we may be required to disclose certain information to comply with a legal process or mandate, such as a court order, subpoena, search warrant, or law enforcement request.
Web Site Usage Data: Our Site tracks usage data, including, for example, IP address, browser type and version, which pages are viewed, which page, if any, linked a visitor to our site, and which link, if any, a visitor follows off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to email@example.com.
COPPA. Our Site is not designed to appeal to children under the age of 14. Therefore, we don’t knowingly attempt to solicit or receive any information from children.
If you make any unauthorized use of this Site or violate the Terms and Conditions: (a) you may be in violation of the laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to ST. Rita Baseball and/or the Website. You agree to indemnify ST. Rita Baseball and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Site, your registration and/or your breach/violation of or failure to comply with the Terms and Conditions.
You hereby agree to defend, indemnify and hold harmless ST. Rita Baseball and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms and Conditions; or (ii) your own website or other sales channels, any content you provide, or any actual or alleged infringement of any intellectual property or proprietary rights by you or content you provide. For purposes hereof: “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity. ST. Rita Baseball will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the Site, the products, or messages received or transactions entered into through the Site.
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ST. RITA BASEBALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. ST. RITA BASEBALL HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE.
YOU ACKNOWLEDGE AND AGREE THAT ST. RITA BASEBALL IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION, OR WITH ANY PRODUCT ORDERED THROUGH THIS SITE, OR WITH THE HANDLING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES. AS TO THE OPERATION OF THIS SITE, ST. RITA BASEBALL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ST. RITA BASEBALL MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE OR USE OF THE PRODUCT WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT ST. RITA BASEBALL, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE.
ST. RITA BASEBALL NOT LIABLE
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL ST. RITA BASEBALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT ST. RITA BASEBALL SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL ST. RITA BASEBALL’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS SITE.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through this Website, instant messenger chat or via e-mail, do not use the Website, instant messenger, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Website, instant messenger, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through this Website, instant messenger, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Website, instant messenger, chat, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Prohibited E-mail Content: All of our employees are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our employee’s employment. The Company does not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. Please report any such violations to the Company. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law.
Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail or furnished by third parties and the Company makes no warranties, express or implied, with respect to such data or information.
Opt-Out: E-mails sent by us may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from ST. Rita Baseball, you may opt-out by sending an e-mail to firstname.lastname@example.org.
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
You acknowledge that certain features of this Website, as well other products and services of ST. Rita Baseball, including those that may be available through this Website, may be subject to terms, conditions and disclaimers in addition to these Terms and Conditions, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
Permission to Be Contacted: By submitting information to ST. Rita Baseball through the Site or otherwise, you are making an inquiry as to Products offered by the Company and give the Company and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.
Reasonable Efforts: The Company is not responsible for delays resulting from third parties.
ST. Rita Baseball is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms and Conditions is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms and Conditions.
ST. Rita Baseball will not be considered to have waived any of its rights or remedies described in these Terms and Conditions unless the waiver is in writing and signed by ST. Rita Baseball. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. ST. Rita Baseball’s failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of ST. Rita Baseball’s right to subsequently enforce such provision or any other provisions of these Terms and Conditions and all policies incorporated herein.
Because ST. Rita Baseball is not the agent of any user or third party product or service provider for any purpose, ST. Rita Baseball will not act as either party’s agent in connection with resolving any disputes between participants related to or arising out of any transaction. ST. Rita Baseball urges parties to cooperate with each other to resolve such disputes.
You agree that if any provision of these Terms and Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.