Terms and Conditions of Use
Acceptance of Terms and Conditions
Welcome to the Baseball Prospectus web site (www.fdwdz.com), owned and operated by Baseball Prospectus, LLC (“BP”). Subject to the following terms of service (“TOS”), BP provides users with access to a collection of on-line information, resources and data and shopping services through its web site (the “Service”). BP reserves the right to amend from time to time and at any time these TOS, with the most current version thereof posted atwww.fdwdz.com/tos and users are responsible for reviewing such TOS to ensure knowledge of such modifications. Notwithstanding the foregoing, use of the Service by a user shall constitute such user’s acceptance of such terms and conditions. These terms and conditions were last modified on March 1, 2004.
Subscriptions to BP Premium require periodic payment to remain in effect. Subscribers agree to pay for the subscription period selected at the time of purchase. Subscriptions become effective upon receipt of payment, and will remain in effect for the specified subscription period from the effective date. Subscribers will receive a confirmation notice upon their original effective date. It is the subscriber’s responsibility to review the notice to ensure that it accurately reflects the requested subscription period. Subscribers will receive notice and invoice to renew in advance of the renewal payment date. Upon registering, subscribers will choose a username and password that will permit them to access BP Premium content. Absolutely no refunds for BP Premium content will be given after a username and password have been issued. If BP finds that a charge has been forcefully refunded or charged back, you will be in violation of these Terms and Conditions. Subscribers may cancel their subscription at any time. To do so, send an email to firstname.lastname@example.org with the receipt issued to you by BP, along with your account username. Your account will be canceled within ten (10) days of receipt and acceptance of your cancellation.
Users agree to take all reasonable steps to protect and ensure the accuracy of all any login, password or payment information provided in connection with the Service. Subscribers agree to be the sole users of their username/password and the Service under this Agreement. Username/password and access to and use of the Service are subject to cancellation or suspension by BP if it suspects or knows of unauthorized use or access to the Service using such username/password. Subscribers agree to use their best efforts to inform BP immediately of any actual or potential unauthorized access to or use of the Services through their username/password and BP may terminate access and deactivate or delete such user’s account without prior notice and without obligation. BP reserves the right to restrict access to the Service to any user, and may at any time without notice immediately deny access by any person.
Intellectual Property Notices
Baseball Prospectus and its logo are registered trademarks of Baseball Prospectus, LLC. www.fdwdz.com contains proprietary, original material that is protected by U.S. copyright and international treaties. BP retains all intellectual property rights with respect to such proprietary, original material. BP will pursue legal action against anyone who misappropriates its name or content for commercial use. This notice constitutes fair warning.
Copyrights and other proprietary rights on the material on the web site may also be held by persons and entities other than BP. BP expressly prohibits the copying of any of the protected materials on its web site except for the purpose of fair use as defined in the copyright laws and as described below.
Fair Use is Permitted
Fair use of copyrighted material includes the use of protected materials for noncommercial purposes such as research, peer review, commentary and news reporting. Unless otherwise noted, persons and subscribers who wish to download or print BP’s text and image files for such uses may do so without BP’s express permission. Users must cite the author and source of this material as they would material from any printed work. By downloading, printing, or otherwise using such text and image files, users agree that they will limit their use of such information to fair use, and will not violate BP’s or any other party’s proprietary rights.
You agree to not use the Service:
* to upload, post, email, transmit or otherwise make available (A) any content that you do not have a right to make available and any commercial publication or exploitation of the Service or any content provided in connection therewith is specifically prohibited and anyone wishing to do so must first request and receive prior written permission from BP to do so; (B) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (C) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation except for vendors so authorized to do so; or (D) any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
* to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through or made available through the Service;
* to collect or store personal data about other users; or deleting or revising any content (including, but not limited to, legal notices) posted by BP or attempting to decipher, decompile, disassemble or reverse engineer any of the software or content provided through, comprising or making up the Service;
* to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Experience on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer) or;
* to intentionally or unintentionally violate any applicable local, state, national or international law.
BP welcomes links to its www.fdwdz.com web site. You are free to establish a hypertext link to this web site providing that the link does not state or imply any sponsorship or endorsement by BP. Similarly, BP often links to web sites that are not under its control. BP is not responsible for the contents of any linked site or any link contained in a linked site. BP provides links only as a convenience and the inclusion of any link does not imply endorsement of the web site by BP.
Dissemination, Discontinuance or Modification
BP may discontinue disseminating any written column, category and type of information, resources and data, and work of specific authors and contributors. BP may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Persons and subscribers shall not hold BP liable for any resulting distress, inconvenience, losses or damages that may arise as a result. Persons and subscribers acknowledge that BP, at its sole discretion, may occasionally make modifications to its system, web site and the information, resources and data contained therein, including the Service and/or BP Premium content.
Do not return merchandise purchased through the Baseball Prospectus Store (the “BP Store”) without prior authorization. Requests about returning merchandise should be emailed to email@example.com. All returns are for exchange or credit, only. No refunds will be given. A letter of explanation must accompany all returns and include your name, address, phone number and email address. Returns with insufficient information will not be processed. Return privileges expire twenty (20) days from shipping. Items returned must be returned unused and in “as new” condition. Do not remove any tags, or dispose of the receipt or shipping box until you have inspected your purchase. Upon receipt of returned merchandise, we reserve the right to inspect for misuse and to determine whether replacement or adjustment is due. All returns must be packaged to prevent damage in return shipping. All products returned that are damaged in shipping due to improper packaging will be returned to the customer with no further credit. The customer is required to prepay shipping and any other costs covering return. Only authorized returns of merchandise which have faulty workmanship or which must be returned due to an error on our part will receive full credit, including all shipping costs. Book returns are limited to physical defects. All returns are limited to merchandise purchased through the BP Store.
Disclaimer of Warranties and Liability
Please read this Disclaimer carefully before using any of the Services, including subscribing to BP Premium content, of Baseball Prospectus, LLC.
YOU UNDERSTAND AND AGREE THAT THE SERVICE AND THE INFORMATION, RESOURCES AND DATA AND PRODUCTS AVAILABLE ARE PROVIDED ON AN “AS?IS” AND “AS AVAILABLE” BASIS AND BP HEREBY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICE OR THE INFORMATION, RESOURCES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, TITLE AND NON-INFRINGEMENT. IN CONNECTION WITH THE FOREGOING YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND WITHOUT ANY WARRANTY AND THAT SUCH EXCLUSION OF WARRANTIES IS AN ESSENTIAL PART OF THE BASIS ON WHICH BP PROVIDES THE SERVICE AND THE INFORMATION, RESOURCES AND DATA AND PRODUCTS IN CONNECTION THEREWITH.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
BP DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION CONTAINED IN THE SERVICE. NOR DOES IT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT BP DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, BP ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SERVICE.
BP WILL MAKE ALL REASONABLE EFFORTS TO HAVE THE SERVICE AVAILABLE ON A 24-HOUR BASIS, EXCLUDING NORMAL NETWORK ADMINISTRATION AND SYSTEM DOWN TIME, BUT IF ACCESS IS SUSPENDED OR INTERRUPTED, LIABILITY WILL BE LIMITED TO RESTORING ACCESS TO THE SERVER AS SOON AS PRACTICAL.
UNDER NO CIRCUMSTANCES SHALL BP BE LIABLE WHETHER ALLEGED AS A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), EQUITY OR OTHERWISE FOR ANY COST OF COVER OR SUBSTITUTE SERVICE OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE ITS SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER TANGIBLES, EVEN IF BP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
EXCEPT AS SET FORTH IN THE INTRODUCTORY PARAGRAPH HEREOF, THIS TOS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND BP AND SHALL GOVERN YOUR USE OF THE SERVICE, SUPERCEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND BP. YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE SERVICES, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. THIS TOS AND THE RELATIONSHIP BETWEEN YOU AND BP SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND BP IRREVOCABLY AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED WITHIN THE COUNTY OF SAN DIEGO, CALIFORNIA. THE FAILURE OF BP TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS TOS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THIS TOS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, YOU AND BP AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO YOUR AND BP’S INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF THE TOS REMAIN IN FULL FORCE AND EFFECT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
THE SECTION TITLES IN THIS TOS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
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