Terms of Use
Welcome to www.baseballmundenbros.com (the “website” or the “Web Site”). This website is owned and operated by Debbie Munden (parent) and/or www.baseballmundenbros.com (collectively, “we”, “us”, “our” or www.baseballmundenbros.com Debbie Munden (parent) or www.baseballmundenbros.com ). You understand that your use of this Website constitutes your consent to and agreement to abide by the most current version of these terms and conditions (the “Terms”). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the terms from time to time for changes to the terms and conditions. The most up to date version of Terms will always be available to you for your review under the “Terms of Use” link that appears on this Website. We may also offer other services that are governed by different and/or additional terms and conditions. For example, when you purchase an electronic file your customer relationship is also governed by the Account Agreement, amended periodically, and always accessible on the Website.
PRIVACY:
Our Privacy Policy Statement also governs your visit to www.baseballmundenbros.com .
GRANT OF LICENSE:
www.baseballmundenbros.com grants you a single, non exclusive, limited personal license to access and use the Website conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the Website.
ACCESSING THE WEBSITE:
With the exception of applications commonly known as Web Browser software, or other applications formally approved by www.baseballmundenbros.com or Debbie Munden. In writing, you agree to use any software, program, application or any other device to access or log on to www.baseballmundenbros.com computer systems. Website or proprietary software or to automate the process of downloading, obtaining, transferring, or transmitting any content, quotes, or information to or from www.baseballmundenbros.com or to computer systems, proprietary software, or Web site. www.baseballmundenbros.com and/or Debbie Munden (parent) is not responsible for, and makes no warranties regarding the speed, availability, or access of the Internet in general or the Website in particular.
You agree that you will not: (a) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on either; (b) use any spider, robot, other automatic device or manual process to monitor or copy our web pages or the content contained herein without prior written permission; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code herein.
You agree that you will not reproduce, copy, alter, modify, create derivative works, or publicly display any content of the Website without prior written permission, or that of the appropriate third party. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including text, images, form, page layout) of www.baseballmundenbros.com without express written consent. Much of the information on the Website is updated on a real time basis and is proprietary or may be licensed to us by others. You may not use www.baseballmundenbros.com in any “hidden text”, tags, information used by search engines or other information tools to identify and select sites without the express prior written consent of www.baseballmundenbros.com and/or Debbie Munden (parent).
TERMINATION
The license granted under the Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Website. You further agree that www.baseballmundenbros.com in its sole discretion and with or without notice, may terminate your access to any or all of the website, and remove and discard any information or content within the website. You also agree that www.baseballmundenbros.com and Debbie Munden (parent) will not be liable to you or any third party for any termination of your access to the Website.
TRADEMARKS
www.baseballmundenbros.com and other marks (including graphics, logos, page headers, button icons, scripts, and service names) indicated on our site are trademarks or trade address of www.baseballmundenbros.com and/or Debbie Munden (parent) in the United States and other countries. www.baseballmundenbros.com in any manner that is likely to cause confusion, or in any manner that disparages or discredits www.baseballmundenbros.com All other Trademarks not known to www.baseballmundenbros.com that appear on this site who may or may not be affiliated with, connected to, or sponsored by www.baseballmundenbros.com
INFORMATION AND DESCRIPTION OF PRODUCTS
The website may make available certain news, data, research, statistics, stories, opinions, photographs, or other information (collectively “information”) that it has prepared itself or that has been independently obtained by other individuals and services, including news, providers, journalists, news wires, statistics providers, authors, and other providers (collectively the “information providers”). We do not certify the accuracy, or guarantee, completeness, timeliness or correct sequencing of the information made available through www.baseballmundenbros.comt, the Information Providers nor the Information Transmitters shall be liable in any way for the completeness, accuracy, timeliness or correct sequencing of the information, or for any decision made or action taken by you relying upon the information. You further agree that neither www.baseballmundenbros.com or Debbie Munden or Mark Industries, LLC, the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, information or other aspect of the Website. You understand that none of the information available through the Website constitutes a recommendation or solicitation to take or not take any particular action.
Further, www.baseballmundenbros.com or Debbie Munden (parent) does not warrant that product descriptions on the Website are accurate, reliable, complete, error-free, or current.
MODIFICATIONS OF WEBSITE:
www.baseballmundenbros.com reserves the right to discontinue, permanently or temporarily, all or any portion of the Website with or without notice. You agree that www.baseballmundenbros.com or Debbie Munden will not be liable to you or to any third party for any such change, modification, suspension or discontinuance.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS:
THIS SITE IS PROVIDED BY WWW.BASEBALLMUNDENBROS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. WWW.BASEBALLMUNDENBROS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, MATERIALS, CONTENT, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WWW.BASEBALLMUNDENBROS.COM OR Debbie Munden (parent) DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM WWW.BASEBALLMUNDENBROS.COM DEBBIE MUNDEN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WWW.BASEBALLMUNDENBROS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, DIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES. COMPANIES SHOWN ON THIS SITE, SHOWN HEREIN, ARE REGISTERED TRADEMARKS OF THEIR RESPECTIVE COMPANIES. Debbie Munden (parent)AND/OR WWW.BASEBALLMUNDENBROS.COM IS NOT AFFILIATED, ENDORSED, SPONSORED BY COMPANIES SHOWN HEREIN IN ANY WAY. ALL RIGHTS RESERVED. PATENT PENDING. COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS STRICTLY ENFORCED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
COPYRIGHTS:
Www.baseballmundenbros.com or Debbie Munden (parent) is protected by United States Copyright Act of 1976, as amended and the copyright laws of other countries. www.baseballmundenbros.com and Debbie Munden (parent) owns the Website, its content, and compilation of content, and all software used on the Website. The materials provided in this service, including buttons, text, graphics, may not be copied, reproduced, republished, posted, transmitted, uploaded, or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, proved that you keep intact all copyright, trademark and other proprietary notices. Changes or modifications of the materials or use of the material for any other purpose is a violation of www.baseballmundenbros.com, its affiliates’ or its third party information providers’ copyrights and other proprietary rights.
INDEMNIFICATION:
You agree to indemnify and hold www.baseballmundenbros.com or Debbie Munden (parent) harmless from any claim or demand, including attorneys’ fees, made by any third party arising out of your violation of these Terms.
GOVERNING LAW /SEVERABILITY
These Terms shall be subject to and construed in accordance with the laws of the state of Texas. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed sever able and will not affect the validity and enforceability of any remaining provisions.
AGREEMENT TO ARBITRATE CONTROVERSIES:
Any dispute relating in any way to your visit to www.baseballmundenbros.com or to products you purchase through www.baseballmundenbros.com or by phone shall be submitted to confidential arbitration in Texas, except that, to the extent you have in any manner violated or threatened to violate www.baseballmundenbros.com intellectual property rights, www.baseballmundenbros.com may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
LINKS AND OTHER BUSINESSES:
Parties other than www.baseballmundenbros.com or Debbie Munden (parent) In addition, may provide a link to other services or sites as part of the website. Such sites are not under the control of Debbie Munden www.baseballmundenbros.com makes no representations or warranties whatsoever of the offerings of, any of these websites, businesses, or individuals or the content of their websites. Unless we expressly state otherwise, the fact that www.baseballmundenbros.com has provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations. We do not assume any responsibility or liability for the products, actions, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use and Terms of Use.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.baseballmundenbros.com so long as the link does not portray www.baseballmundenbros.com , its affiliates, or their products or services in a misleading, false, derogatory, or otherwise offensive matter. You may not use the www.baseballmundenbros.com or other proprietary graphic or trademark as part of the link without the express written permission of Debbie Munden (parent). You may further not present link to www.baseballmundenbros.com in any way that suggests www.baseballmundenbros.com has any relationship or affiliation with your site or sponsors, endorses or recommends the information, products, or services on your site.
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