THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS WEBSITE.
This document sets forth your legal agreement with InsideBaseball.com (“Company”, “we” or “us”). Your use of www.insidebaseball.com, its mobile applications and other online services (collectively “Website”, “Site” or “Services”) is subject to these Terms of Use (the “General Terms” or “Terms”).
By using the Website, you agree that you have read, understand and agree to these Terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications the Company may change at its sole discretion. If we change the Terms, then we will make a new copy available at the Website. Your use of the Services is subject to the most current version of the Terms at the time of such use. Your continued use of this Website will be deemed your conclusive acceptance of any modified agreement.
1. DEFINITIONS
• “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the
Site.
• “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
• “Online Video Library” means the database of training courses, tips and drills videos any other types of
audio-visual works on the Website.
• “User”, “Visitor” or “Non-subscriber” refers to any party who Accesses the Site. “You” or “Your” refers to the
User. If you are accessing the Site as an employee or agent of another, “User” refers to you and your principal.
• “Subscriber” refers to any person or entity that purchases or uses a subscription including a gift certificate to
access the Online Video Library.
• “Premium Content” means the training videos and other functions available on the Website only to the subscribers.
• “Free Content” or “Promotional Content” means the training videos and other functions available on the Website to
the public.
• “Courses” means a set of training videos that are grouped together and are made available to be purchased as a
“course”, separately from monthly or annual subscriptions.
• “Tips & Drills” means training videos on the Website that are not treated as Courses.
2. LIMITED LICENSES
The Company hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content, information and functions available on the Website according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. Whether the Subscriber receives a license to the Premium Content or Free Content depends on the subscription plan.
3. FEES, RENEWAL & REFUND POLICIES
• Automatically renews monthly until cancelled by Subscriber. Automatically renews on the same date of each
corresponding month or on final day of month if no corresponding date (e.g., January 31, 2014 subscription renews on
February 28, 2014).
• Fees are charged on renewal date. Subscription fees are non-refundable.
• Subscriber may cancel renewed subscription in their account settings.
• InsideBaseball.com may increase subscription fees for a subsequent subscription period at any time and for any
reason; provided, however, that InsideBaseball.com provides notice at least thirty (30) calendar days prior to the
expiration of the subscription.
• The Company may terminate the subscription and these Terms if it is unable to renew the subscription based on
inaccurate or outdated credit card information.
• Right of Access to video library under these Terms is effective only upon payment of the subscription fees.
4. ACCESS TO VIDEO LIBRARY; MODIFICATION OF CONTENT
The Company strives to take all commercially reasonable efforts to provide uninterrupted Access to our Users.
However, from time to time, Users may be unable to Access the VIDEO LIBRARY due to conditions beyond our control.
Such conditions include, but are not limited to, force majeure, acts of God, power outages, and the acts of computer
hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software
issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the
system, and other related reasons. In response to any unavailability of the video library to its Users,
InsideBaseball.com will take all commercially reasonable steps to ensure Access is restored within a reasonable
period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in
good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
InsideBaseball.com endeavors to provide the highest quality content to its Users. To that end, we reserves the
right, in our sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in
part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes,
modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by
posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software,
telecommunications equipment and Internet service necessary for use of the Site.
5. PROHIBITED CONDUCT
User expressly agrees to refrain from doing, either personally or through an agent, any of the following (“Prohibited Conduct”):
•Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process
to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects the Site’s
computers, servers or databases.
•Capture, download, save, upload, print or otherwise retain information and content available on the Site other than
what is expressly allowed by these Terms.
•Permit or provide others Access to the Premium Content using your user name and password or otherwise, or the name
and password of another authorized User.
•Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign,
license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other
content available on the Site.
•Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available
on the Site.
•Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational
technology to the Site content, or “deep link” to the Site content.
•Violate or attempt to violate the Site’s security mechanisms, Access any data or server you are not authorized to
Access or otherwise breach the security of the Site or corrupt the Site in any way.
•Engage in any other conduct which violates the Copyright Act or other laws of the United States.
•Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest
information about other Users, the Site or InsideBaseball.com.
•Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights;
upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute
information or content in violation of a third party’s intellectual property rights.
•Misrepresent your identity or personal information when accessing the Site; forge any TCP/IP packet header or any
part of the header information in any e-mail so that the e-mail appears to be generated by InsideBaseball.com.
•Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal
material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give
rise to civil liability.
•Advertise or otherwise solicit funds, goods or services on the Site.
•Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, InsideBaseball.com reserves the right to
monitor use of the Site and reserves the right to revoke or deny Access to the video library to any person or entity
whose use of the Site suggests Prohibited Conduct. Access of the materials available at the video library beyond
that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the video
library and will result in revocation or denial of Access to the video library. The terms “normal patterns” and
“abuse” shall be determined solely by InsideBaseball.com.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations
including, without limitation, the U.S. Export Administration Regulations.
6. LIMITED WARRANTIES
InsideBaseball.Com provides no warranty that your hardware, software, telecommunications equipment and/or internet service is compatible or sufficient to access the website.
InsideBaseball.com’s sole liability for any breach of this warranty shall be, in its sole and absolute discretion: (a) to replace the defective media or software; (b) to advise the user how to achieve substantially the same functionality with the software as described; or (c) if the above remedies are impracticable, to refund the subscription fee paid for access to the video library. The user must inform InsideBaseball.com of any problem with the software within thirty (30) calendar days of discovering the problem or InsideBaseball.com will not be obligated to honor this warranty. InsideBaseball.com will use commercially reasonable efforts to repair, replace, or refund the software pursuant to the foregoing warranty within thirty (30) calendar days of being so notified. If any modifications are made to the software by the user during the warranty period; if the medium or software is subjected to accident, abuse, or improper use; or if the user violates the terms of this agreement, then this warranty shall immediately terminate. This warranty shall not apply if the software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described.
Although InsideBaseball.com has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
7. DISCLAIMERS AND LIMITATION OF LIABILITY
User accesses this site at his/her/its own risk. The site is provided on an “as is, as available” basis without warranty of any kind (beyond the warranties set forth in section 7), expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. InsideBaseball.com does not warrant any particular result from use of the software or site. InsideBaseball.com does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure. Under no circumstances and under no legal theory (tort, contract or otherwise) shall InsideBaseball.com or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns, be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses. Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount InsideBaseball.com received from the subscriber for a subscription to access the video library, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses. In no event will InsideBaseball.com be liable for any damages in excess of the amount InsideBaseball.com received from the subscriber for a subscription to access the video library, even if InsideBaseball.com shall have been informed of the possibility of such damages, or for any claim by any other party. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of InsideBaseball.com, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. InsideBaseball.com is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.
No dealer, agent, or employee of InsideBaseball.com is authorized to make any modifications, extension, or additions to these limited warranties or disclaimers.
InsideBaseball.com disclaims all warranties, and shall have no liability for damages in excess of the amount InsideBaseball.com received from the subscriber, arising from or related to any support services for your use of the site.
The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.
8. Third Party Content; Hyperlinks
You acknowledge that InsideBaseball.com does not pre-screen third party materials. InsideBaseball.com is not the publisher or author of any information on the Site that is provided by third party content providers, and InsideBaseball.com is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and InsideBaseball.com’s use of the content constitutes neither an endorsement nor a recommendation by InsideBaseball.com of the content. InsideBaseball.com assumes no responsibility for third party products or services.
InsideBaseball.com may contain links and references to other third party websites and materials. InsideBaseball.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. InsideBaseball.com does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. InsideBaseball.com may disable any hyperlink to the Site. InsideBaseball.com has the right but not obligation to monitor third party websites and hyperlinks to the Site.
InsideBaseball.com makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, InsideBaseball.com does not warrant the existence or functionality of any website which can be accessed through a link located on this site.
9. Copyrights, Trademarks and Other Proprietary Rights
InsideBaseball.com or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by InsideBaseball.com. Except as expressly stated on the Site or in these Terms, nothing that you read or see on the Site or in the video library may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of InsideBaseball.com, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of InsideBaseball.com’s intellectual property except as set forth in Section 2.
If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to InsideBaseball.com, you may forfeit your intellectual property rights and moral rights contained in such communication or material.
10. Indemnification
User agrees to defend, indemnify and otherwise hold harmless InsideBaseball.com and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
11. Security; Authorized Use
Users are prohibited from violating or attempting to violate the security of the Site. InsideBaseball.com has the right, but not the obligation, to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. InsideBaseball.com may suspend your Access while it conducts an investigation. Users are required to enter a user name and password to Access the video library. To protect against unauthorized Access to your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password.
You represent and warrant that you are the person on whose behalf you claim to accept these Terms, or, if you are entering into these Terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify InsideBaseball.com immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify InsideBaseball.com immediately if you are aware of or suspect other unauthorized use of the Site and/or the Site content. InsideBaseball.com will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by InsideBaseball.com, its affiliates, officers, directors, employees, consultants, agents or representatives, due to someone else’s use of your account, user name or password.
InsideBaseball.com will never ask you for your password. If you need a new user name and/or password, InsideBaseball.com will generate a new user name and password automatically through its computers and send it to your e-mail or postal address.
12. Termination of Agreement
In addition to InsideBaseball.com’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. InsideBaseball.com may also terminate your Access to the video library or cancel subscriptions to the video library without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement, or engaged in conduct that InsideBaseball.com deems inappropriate.
13. Privacy Policy
InsideBaseball.com values your trust. In order to honor that trust, all of InsideBaseball.com’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information you provide. For more information, please review InsideBaseball.com’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.
14. Miscellaneous
These Terms constitute the entire agreement between InsideBaseball.com and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between InsideBaseball.com and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, InsideBaseball.com may pursue any legal or equitable remedy available including, but not limited to, direct, consequential and punitive damages and injunctive relief. InsideBaseball.com’s remedies are cumulative and not exclusive. Failure of InsideBaseball.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statute(s) of limitations. InsideBaseball.com makes no representation that the content of the Site is appropriate or available for use in all locations. InsideBaseball.com operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. InsideBaseball.com cannot provide notifications via post, only e-mail.
15. Governing Law; Dispute Resolution; Forum and Venue
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Florida law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and InsideBaseball.com shall be finally resolved through binding arbitration in Pinellas County, Florida. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Circuit Court in and for Pinellas County, Florida. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Circuit Court in and for Pinellas County, Florida for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
EFFECTIVE DATE: January 1st, 2014