We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version. This Agreement was last updated on October 20, 2014.
Restricted License and Use
You may not republish material from this Website (including republication on another website).
You may not sell, rent or sub-license any material from the Website.
You may not reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose.
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website for any purposes related to marketing without Outside The Ball’s express written consent.
Access to certain areas of this Website is restricted. Outside The Ball reserves the right to restrict access to other areas of this Website, or indeed this entire Website, at Outside The Ball’s discretion.
Outside The Ball may disable your user ID and Password in Outside The Ball’s sole discretion without notice or explanation.
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Outside The Ball. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. The names and logos of Outside The Ball, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Outside The Ball. Outside The Ball prohibits use of any logo of Outside The Ball or any of its affiliates as part of a link to or from any Website unless Outside The Ball approves such link in advance and in writing. Fair use of Outside The Ball’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Our Website may contain links to websites owned or operated by parties other than Outside The Ball. Such links are provided for your reference only. Outside The Ball does not monitor or control outside websites and is not responsible for their content. Outside The Ball’s inclusion of links to an outside website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Outside The Ball’s inclusion of the links imply that Outside The Ball is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.
No Warranties; Exclusion of Liability; Indemnification
Our Website is operated by Outside The Ball on an “As Is,” “As Available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, Outside The Ball specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement for our Website and any contracts and services you purchase through it. Outside The Ball shall not have any liability or responsibility for any errors or omissions in the content of our Website, for contracts or services sold through our Website, for your action or inaction in connection with our Website or for any damage to your computer or data or any other damage you may incur in connection with our Website. Your use of our Website and any contracts or services are at your own risk. In no event shall either Outside The Ball or their agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of our Website, contracts and services purchased through our Website, the delay or inability to use our Website or otherwise arising in connection with our Website, contracts or related services, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. In no event shall Outside The Ball’s liability for any damage claim exceed the amount paid by you to Outside The Ball for the transaction giving rise to such damage claim.
Without limiting the foregoing, Outside The Ball does not represent or warrant that the information on the Website is accurate, complete, reliable, useful, timely or current or that our Website will operate without interruption or error.
You agree that all times, you will look to attorneys from whom you purchase services for any claims of any nature, including loss, damage, or warranty. Outside The Ball and their respective affiliates make no representation or guarantees about any contracts and services offered through our Website.
Outside The Ball makes no representation that content provided on our Website, contracts, or related services are applicable or appropriate for use in all jurisdictions.
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. Notification must be submitted to the Designated Agent at the following address:
Gary L. White, Esq.
Law Offices of Schwartz-White
2000 Glades Rd., Suite 208,
Boca Raton, FL 33431
To be effective, under Title 17, United States Code, Section 512(c)(3), the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
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
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.
You agree to defend, indemnify and hold Outside The Ball harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees and costs, arising from or related to your use of our Website or any contracts or services you purchase through it.
Outside the Ball may assign, transfer, sub-contract or otherwise deal with Outside the Ball’s rights and/or obligations under the terms and conditions of this Agreement without notifying you or obtaining your consent. You may not assign, transfer, sub-contract or otherwise deal with your rights and/or obligations under the terms and conditions of this Agreement.
If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.
Captions and headings are for convenience and reference only. The language of the captions and headings does not explain, modify, amplify, limit, expand, interpret, or construe this Agreement in any manner whatsoever.
This Agreement supersedes and replaces all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings between the parties concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations, agreements or understandings between the parties, whether oral or written.
Governing Law; Venue
This Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Florida, without regard to its conflict of laws principles. Venue in any actions or proceedings between the parties arising or accruing by virtue of this Agreement shall be in Palm Beach County, Florida.
If you breach these terms and conditions in any way, Outside the Ball may take such action as it deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you. In the event of any litigation arising from your breach of this Agreement, Outside the Ball shall be entitled to recover from you all reasonable costs incurred including staff time, court costs, attorney’s fees and all other related expenses incurred in such litigation (including at the appellate level).
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