Date of Last Revision: June 2, 2018
All other questions or comments about the Services should be directed to help@Holt Baseball Inc..com.
If you provide Holt Baseball Inc. with any feature requests, comments, suggestions or other feedback ("Feedback"), you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant us a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose.
2. Registration for the Service.
If a payment is made directly to Holt Baseball Inc., you agree to pay Holt Baseball Inc. the fees listed on the Service Fees page of this Site. All charges and payments shall be in U.S. dollars. You authorize Holt Baseball Inc. to bill your credit card or other account that you select for the amount payable. You represent and warrant that all account information that you provide to Holt Baseball Inc. for such purposes shall be true and correct. In the event that Holt Baseball Inc. chooses to increase rates, it shall provide you with email notification of such increase at least thirty (30) days in advance and you may elect to terminate the Service prior to such increase becoming effective by contacting Holt Baseball Inc. by email. You must promptly inform Holt Baseball Inc. of any changes in your credit card information. You may make changes to your credit card information on your User Profile webpage. Holt Baseball Inc. reserves the right to collect certain taxes or other assessments from you in order to comply with local, state, Federal, or international laws and regulations, as required now or later imposed. If you claim exemption from any taxes, you shall provide Holt Baseball Inc. with documentation required by the taxing authority to support an exemption. Holt Baseball Inc. shall not issue any refunds on subscriptions except within its sole discretion.
To ensure uninterrupted service, Holt Baseball Inc. shall automatically bill you from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period shall be equal in time to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period shall be for one month. Holt Baseball Inc. shall automatically charge you the applicable amount using the payment method you have on file with us. If Holt Baseball Inc. is unable to charge your account, it may suspend or terminate your Services.
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us ("Chargeback"), Holt Baseball Inc. may automatically terminate your account. If you have questions about a payment, you should contact Holt Baseball Inc. before filing a Chargeback. Holt Baseball Inc. reserves its right to dispute any Chargeback.
4. User Content
You should save all of your User Content through alternate storage solutions inasmuch as Holt Baseball Inc. does not warrant the security or reliability of its Services.
You agree not to post any of the following in your use of the Services:
5. Consent to Receive Emails and Notice
As long as you maintain an account, you may not "opt out" of receiving account-related emails from Holt Baseball Inc.. The parties hereto may give legal notice by means of electronic mail, which electronic mail shall be considered delivered when sent. The notice address of Holt Baseball Inc. shall be firstname.lastname@example.org (or such other address as is provided by Holt Baseball Inc. to you) and your address for the receipt of notices pursuant to this Agreement shall be the current email address listed by you in your account profile. You also agree, unless you opt out, to receive marketing emails related to the Services.
6. Copyright and Limited License
Unless otherwise indicated, the Services and all content on the Services, including, without limitation, the Holt Baseball Inc. logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the property of Holt Baseball Inc., its licensors or its customers and are protected by U.S. and international copyright laws.
7. Repeat Infringer Policy.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Holt Baseball Inc. has adopted a policy of terminating, in appropriate circumstances and at Holt Baseball Inc.'s sole discretion, access to those who are deemed to be repeat infringers. Holt Baseball Inc. may also, at its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others.
8. Digital Millennium Copyright Act
Holt Baseball Inc. respects the intellectual property rights of others and expects users of the Services to do the same. We shall respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
Holt Baseball Inc., Inc.
Attn: Copyright Enforcement
7665 Nothwood Blvd
North Charleston, SC 29406
Holt Baseball Inc.™, is a trademark of Holt Baseball Inc., Inc. It may not be used or imitated, in whole or in part, without the prior written permission of Holt Baseball Inc.. You may not use any metatags or any other "hidden text" utilizing" said trademarks or any other name, or product or service name of Holt Baseball Inc. without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Holt Baseball Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and logos displayed through the Services are the property of their respective owners.
You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Services, provided such link does not portray Holt Baseball Inc., any of its products and services, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Holt Baseball Inc. logo or other proprietary graphic to link to the Services without the express written permission of Holt Baseball Inc.. Further, you may not use, frame or utilize framing techniques to enclose any Holt Baseball Inc. trademark, logo or other proprietary information, including the images found through the Services, the content of any text or the layout/design of any page or form displayed through the Services without Holt Baseball Inc.' express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Holt Baseball Inc. or any third party.
11. Third Party Content
Holt Baseball Inc. or its customers may provide links to Web pages and content of third parties, such as Independent Trainers, as a service to those interested in such links and content, and Holt Baseball Inc. may post third party content or allow users to post their content. Holt Baseball Inc. does not monitor or have any control over any Third Party Content or third party Web sites. Holt Baseball Inc. does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. Holt Baseball Inc. does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and You use links, Third Party Content and third party Websites at your own risk. When you leave the Holt Baseball Inc. Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or services to which you navigate from the Holt Baseball Inc. Services.
Holt Baseball Inc. is not the publisher or author of third party content. It is a passive service for storage and dissemination of information and processing of transactions. Holt Baseball Inc. does not screen works before they are posted, and no prior approval is required for posting. Holt Baseball Inc.' activities are subject to the protections of Section 230 of the Communications Decency Act and the safe harbor provisions of Section 512 of the Digital Millenium Communications Act.
12. Third Party Goods and/or Services
The Services may also provide information regarding or link to certain applications and goods and/or services provided or offered by third parties (collectively the "Third-Party Goods and Services"). Holt Baseball Inc. is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Goods and/or Services or monitor or have any control over such Third Party Goods and/or Services. Therefore, Holt Baseball Inc. makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Goods and/or Services or the results obtained therefrom, and Holt Baseball Inc. assumes no responsibility or liability for any Third Party Goods and/or Services or for the actions or failure to act of those providing same. You assume full responsibility for your use of any such Third-Party Goods and/or Services, and Holt Baseball Inc. is not responsible or liable therefor. IN NO EVENT SHALL Holt Baseball Inc. BE LIABLE FOR DAMAGES FOR PERSONAL INJURY OR DEATH RELATING TO THIRD PARTY GOODS AND/OR SERVICES OR BREACH OF PRIVACY OR SECURITY RESULTING FROM THE ACTS OF OMISSIONS OF THIRD PARTIES. In the event of a dispute between any consumer and vendor, the parties shall work out the dispute themselves.
13. Advertisements and Promotions
Holt Baseball Inc. may run advertisements and promotions from third parties as part of the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Holt Baseball Inc., and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Holt Baseball Inc. is not 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 party advertisers on the Services.
14. WARRANTY DISCLAIMERS
THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Holt Baseball Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS. Holt Baseball Inc. AND THE INDEPENDENT TRAINERS DO NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Holt Baseball Inc. DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Holt Baseball Inc. IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS ACCESSED THROUGH THE SERVICES. WHILE Holt Baseball Inc. ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, Holt Baseball Inc. CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Holt Baseball Inc. reserves the right to change or delete any and all content and any services at any time without notice.
15. Limitation of Liability
IN NO EVENT SHALL Holt Baseball Inc. OR ANY OF ITS INDEPENDENT TRAINERS, CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICES, USER CONTENT, CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM Holt Baseball Inc., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Holt Baseball Inc.' RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF Holt Baseball Inc. AND ITS INDEPENDENT TRAINERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Holt Baseball Inc. OR SUCH INDEPENDENT TRAINERS (RESPECTIVELY) FOR ACCESS TO OR USE OF THE SERVICES.
Holt Baseball Inc. AND ITS INDEPENDENT TRAINERS MAKE NO WARRANTIES REGARDING SECURITY OR RELIABILITY OF THE PLATFORM.Holt Baseball Inc. IS NOT LIABLE FOR BREACHES OF SECURITY AND UNDER NO CIRCUMSTANCES SHALL Holt Baseball Inc. BE LIABLE IN ANY WAY FOR ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY USER CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR THIRD PARTY SITES. YOU ACKNOWLEDGE, CONSENT AND AGREE THAT Holt Baseball Inc. MAY PRESERVE AND DISCLOSE YOUR ACCOUNT INFORMATION AND USER CONTENT IF REQUIRED TO DO SO BY LAW OR IN A GOOD FAITH BELIEF THAT SUCH ACCESS PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY TO: (I) COMPLY WITH LEGAL PROCESS; (II) ENFORCE THE TERMS AND CONDITIONS OF THIS AGREEMENT; OR (III) RESPOND TO CLAIMS THAT ANY USER CONTENT VIOLATES THE RIGHTS OF THIRD PARTIES OR VIOLATES THE LAW..
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
16. Compliance with Laws
You represent and warrant that your use of the Services shall comply with all local, state and federal laws.
17. NCAA Regulations
Holt Baseball Inc. is in no way affiliated with or sponsored by the NCAA. You are responsible for your own activities in connection with the Site, including your use of the Services. Accordingly, you are responsible for knowing and complying with the NCAA's rules, regulations, and laws or other similar rules, regulations, and laws. Holt Baseball Inc. is not responsible if you do not abide by NCAA Regulations (or any other similar rules or regulations) in connection with your use of the Site, and/or Services. If you act in violation of the NCAA Regulations, Holt Baseball Inc. may take reasonable steps in response, including, but not limited to, termination of your access to and use of the Site and/or reporting of such conduct to the NCAA, the authorities, or other appropriate entity. Holt Baseball Inc. does not knowingly promote any violations of NCAA Regulations (or any similar rules or regulations).
19. Term and Termination
This agreement shall continue until such time as either party terminates. You may terminate immediately without cause by contacting us by email, phone or U.S. mail. Holt Baseball Inc. has the right to terminate the Services without cause only by providing thirty days prior notice to the email account listed by you in your user account information. In the event this Agreement is terminated, Holt Baseball Inc. will make available to you a file of your data for download for a period of thirty (30) days after termination. You agree and acknowledge that Holt Baseball Inc. has no obligation to retain your data, and may delete such data after termination.
20. Termination for Cause
Holt Baseball Inc. may immediately terminate this Agreement in the event of your material breach of the terms or conditions of this Agreement. Any breach of your payment obligations or unauthorized use your account shall be deemed a material breach of this Agreement.
21. Dispute Resolution
The validity of this Agreement and the rights, obligations, and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of South Carolina, without regard to conflicts of law principles. In the event of any controversy or claim arising out of or relating in any way to this contract, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of sixty (60) days, then either party may, by notice to the other party demand mediation under the mediation rules of the American Arbitration Association. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in South Carolina. The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding upon the parties, and their respective administrators and assigns, and shall not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration shall be shared equally by the parties. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings shall be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit shall not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
Forum. Subject to the dispute resolution provisions of this Agreement, the parties irrevocably submit and consent to the exclusive exercise of jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of South Carolina. The parties hereby irrevocably waive any and all objections w to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of South Carolina.
Attorney's Fees. If a suit in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
22. Interstate Nature of Communications
You acknowledge that in using Holt Baseball Inc. Services you shall be causing communications to be sent through interstate telecommunications networks, which are governed by federal law pursuant to the interstate commerce clause of the US Constitution. Even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. You acknowledge that use of the service results in interstate data transmissions.
23. Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of Holt Baseball Inc. but may be assigned without your consent by Holt Baseball Inc. to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Holt Baseball Inc..
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
27. Force Majeure.
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
28. Entire Agreement.
28. Notice Regarding Electronic Commercial Services for California Users.
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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