Terms of Service
D1 Baseball Holdings, LLC INCLUDING WWW.D1BASEBALL.COM
TERMS OF SERVICE
Last Updated: January 15, 2015
Customer may be required to register for an account on the Site and a membership subscription in order to access certain Services and other resources. Membership privileges are granted by D1 to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate is permitted to access any of the password protected areas of the Site without express written permission from D1. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of D1. D1 requires that each registered user maintain a valid email address and a password, which shall be utilized for logging onto the Site. Members are not permitted to share their individual login information with others. D1 has the right to suspend or terminate Customer’s access to and use of the Site and Services, in whole or in part, for any reason or no reason in D1’s sole discretion, including but not limited to Customer’s failure to abide by these Terms of Service or abuse of its rights related to the Site or Services.
D1 utilizes email as a vital and primary communication channel with its customers. As a registered user, Customer hereby acknowledges and grants D1 permission to communicate with Customer via email (as well as other communication channels such as phone and fax) for any purposes D1 determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing purposes. D1 will use reasonable efforts to honor your request to opt out of marketing messages. By becoming a member, you acknowledge and agree that D1 may record telephone and other electronic communications it has with you for D1’s internal business purposes, including but not limited to training and quality assurance purposes.
Use of Information and Services
Customer agrees to treat all information obtained from the Services including any information otherwise made available to Customer on the Site or through the Services (individually and collectively, the “Content”) as proprietary to D1. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of D1. D1 does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk.
Customer shall limit access to and use of any subscription or membership to its personal and internal use, and shall not use any information obtained from the Site or Services for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use the Site or Services in any other manner for or in connection with any other device, or use or reproduce any Content that is obtained from the Site or that is otherwise made available to Customer through the Services for or in connection with any other service or device. Customer shall not use the Site or Services as part of any effort to compete with D1, including without limitation using the Site or Services to provide, alone or in combination with any other product or service, (i) any database services to any third party, or (ii) to cause a reduction or loss from an existing or potential D1 customer. You shall not use any robot, spider or other automated process to monitor, data mine or copy the Site or Services or information or use the Site or Services in an unlawful manner. If You violate these terms, specifically by searching the Site or Service in an abusive or excessive manner, by automated or manual means, You will be subject to immediate termination of your membership and will be assessed an excessive use fee of $500. Such fee shall be in addition to all other remedies available to D1 at law or in equity.
Members are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. D1 is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password(s) and/or failure to comply with the terms and conditions set forth in these Terms of Service that relate to confidentiality of login information or password(s).
The current advertised rates for the Services are set forth in the Pricing Schedule displayed on the website at the time of purchase and/or any rate changes published by D1 during Customer’s membership and/or subscription term. Customer agrees to pay for all Services, products, information, and deliverables (collectively, “Products”) ordered through the Site or via the D1 sales team using the payment method required and provided by Customer, and provides D1 express authorization to charge said fees to the Customer’s payment method on file at the time of purchase or renewal. Fees owed depend on the specific type and quantity of Products ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Products. Any attorneys’ fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, D1 may immediately cease to provide any and all Products to Customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period.
Subscriptions will automatically renew and applicable fees will be charged to the Customer’s current credit card on file with D1 unless Customer cancels his/her subscription on the Site at least three (3) days prior to the subscription renewal date. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Customer’s email address on record with D1. If Customer has a question about a cancellation, Customer should contact D1. D1 reserves the right to change its fees or billing methods at any time. D1 will provide timely notice to the affected Customer of any such changes. No partial month refunds will be provided.
It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online within the “D1 Member’s Area” section of the Site. D1 does not validate all credit card information required by the Customer’s payment provider to secure payment.
The Customer must notify D1 about any billing problems or discrepancies within 90 days after charges first appear on their account statement. If a problem or discrepancy is not brought to D1’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
www.D1Baseball.com offers one (1) distinct membership subscription (“Standard Membership”).
A Customer who purchases a Standard Membership is a “Standard User.” Standard Membership privileges are granted specifically to the subscribing Standard User only. Standard Membership privileges are subject to change from time to time and may be subject to limitations. Standard Membership subscriptions continue to renew at the applicable prevailing rate regardless of activity on the Site.
Single Term Purchases
Customer acknowledges that fees paid for each single term are specific to the Product purchased, are non-refundable, and may not be applied to another single term Product or subscription purchase.
Unsolicited Commercial Email (Spam)
D1 prohibits the use of the Services to generate or send unsolicited commercial email (“Spam”). Customers may not use any email services that D1 offers to send Spam or otherwise transmit content that would violate these Terms of Service.
Intellectual Property Ownership
D1 retains all rights (including Intellectual Property Rights, as defined below), title and interest in the Site, Services and all underlying technology, Content and data, including any enhancements and improvements thereto as a result of providing the Products hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of D1’s technology or delete or alter author attributes or copyright, trademark, or other proprietary rights notices from materials available on or through the Service. Customer will not: (i) modify copies of any materials available on the Site or otherwise through the Services; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (iii) reproduce, sell, or exploit for any commercial purposes any part of the Site or Services or materials obtained therefrom.
“Intellectual Property Rights” means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, and synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
D1 Baseball Holdings, LLC, its Websites including d1baseball.com, and other related websites (D1) and each of their logos, and all related names, logos, product and service names, designs and slogans are trademarks and service marks of D1 or its affiliates, subsidiaries, or licensors. Customer may not use such marks without the prior written permission of D1. All other names, brands and marks are used for identification purposes only and are the trademarks and service marks of their respective owners.
Limitation of Liability and Indemnification
IN NO EVENT SHALL D1, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THESE TERMS OF SERVICE AND/OR ANY USE OF OR INABILITY TO USE THE SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, LOSS OF DATA OR USE THEREOF, BUGS, COMPUTER VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE SITE OR THE SERVICES, OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN INFORMATION AND/OR PASSWORD(S) SECURE AND CONFIDENTIAL) WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Customer’s exclusive remedy, and D1’s entire liability under these Terms of Service, shall be a refund to Customer the fees paid to D1 by Customer hereunder, and in no event will D1’s liability for any reason exceed such fee.
D1, its affiliates and subsidiaries, and their respective officers, directors, employees and agents shall not be liable for any damages whatsoever arising from Customer’s use of the Site, Services or other Products, and Customer shall indemnify D1, its affiliates and subsidiaries, and their respective officers, directors, employees and agents and hold each of them harmless from and against any and all costs, damages or losses incurred by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Site, Services or other Products. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
Maps and Directions Disclaimer
Links to Third Party Sites
The Site may contain hyperlinks to other websites operated by parties other than D1 which are beyond D1’s control, including without limitation links from advertisers, sponsors, and content partners that may use D1’s logo(s) as part of a co-branding relationship. D1 does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. D1 does not assume any liability for the actions, products or services, or content of any of linked websites or any other third parties. If Customer decides to access any of the third party websites linked to the Site, Customer does so entirely at its own risk and subject to the terms and conditions of use and other policies for such websites.
Other Rights of D1
Customer agrees that D1 shall have the right to use all information submitted to it for any purpose, including without limitation for publication of all or part of such information on the Internet for unrestricted use by D1’s other customers and partners. D1 shall have sole authority to choose the manner in which any information will be received, displayed, and used by the Service, and reserves the right to remove all or any part of any information received or refuse services to anyone at any time in its sole discretion. D1 shall have no obligation to (i) resolve disputes among users of the Site and/or Services; or (ii) monitor or verify the accuracy or proper use of the other content available on the Site or otherwise through the Services.
D1 reserves the right to modify or change these Terms of Service at any time. A current copy of these Terms and Service are posted and available for review on the Site. When we amend the Terms of Service, we shall make reasonable efforts to provide you with general, not specific, notice of such changes by posting a conspicuous announcement on the Site that such changes or amendments have occurred and identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Customer’s continued use of the Site and/or Services following the posting of such amendment will signify and be deemed Customer’s assent to and acceptance of the revised terms. Customer agrees that Customer has the burden to review the Site periodically to inform itself of any such changes.
If you believe that your work has been copied onto the Site in a way that constitutes copyright infringement, please provide D1’s copyright agent designated herein the written information specified below. Please note that this procedure is exclusively for notifying D1 that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site, with identifying information if applicable;
- Your address, telephone number, and email address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Address for D1’s copyright agent:
D1 Baseball Holdings, LLC
13253 Hamilton St
Omaha, NE 68154
We may forward any notice(s) of alleged infringement pursuant to this section to the person(s) who provided the allegedly infringing content. Please be aware that if you knowingly materially misrepresent that content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
Governing Law and Dispute Resolution
This Agreement, and the Products provided by D1, shall be governed by the laws of the State of Nebraska, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Douglas County, Nebraska for the adjudication of any disputes or claims arising out of and/or related to this Agreement. You agree to indemnify D1 for all of its costs and reasonable attorneys’ fees incurred as a result of any action, suit, proceeding or claim brought by you or D1 in which D1 is found to be the prevailing party.
YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE.
These Terms of Service shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under these Terms of Service or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of D1, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of D1 to exercise or enforce a legal right or remedy contained in these Terms of Service does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of these Terms of Service is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms of Service to be invalid or unenforceable, such provision shall be severed from these Terms of Service and the remaining terms and provisions shall remain in full force and effect.
All notices to Company must be in writing and must be sent by registered mail, certified mail, or overnight mail, return receipt requested and postage prepaid, to the following address:
13253 Hamilton St
Omaha, NE 68154
The effective date of this Terms of Service is: January 15, 2015