Softball Excellence, LLC. Website and ELEARNING PRODUCTS Terms and Conditions of Use
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND ELEARNING PRODUCT. BY ACCESSING THE SITE (WHICH INCLUDES ALL ELEARNING PRODUCTS – EBOOKS, ECERTIFICATIONS, ECLINICS, EDRILLS, EPACKAGES, EPRACTICES, ESKILLS), YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BY USING SOFTBALL EXCELLENCE'S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS SOFTBALL EXCELLENCE MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
1. Contact Information.
Softball Excellence, LLC.
4211 Saltwater Blvd.
Tampa, FL 33615
- Access or Accessing means accessing, using, viewing the content or otherwise obtaining information on the Site.
- Agreement or Terms refers to these Terms and Conditions of Use and any subsequent modifications.
- Downloadable Files refers to the notes and files prepared by the authors for use with the training videos and other media.
- Softball Excellence and softballexcellence.com refers to Softball Excellence LLC., a Florida corporation.
- User refers to any person or entity that Accesses the Site and/or purchases an eLearning Product (eBooks, eCertifications, eClinics, eDrills, ePackages, ePractices, eSkills).
- Website or Site refers to the website maintained on the World Wide Web by Softball Excellence, available at http://www.softballexcellence.com, and includes all eLearning Product (eBooks, eCertifications, eClinics, eDrills, ePackages, ePractices, eSkills)
- You or Your refers to the User.
3. Modification of Terms.
Softball Excellence reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Softball Excellence gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
4. Limited License.
Softball Excellence hereby grants each User a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available via eLearning Products according to the provisions contained herein, and subject to the payment of the applicable eLearning Product fee
s and adherence to these Terms.
5. Access to eLearning Products; Modification of Content.
Softball Excellence strives to provide eLearning Products to its Users on a continuous basis. To that end, Softball Excellence will take all commercially reasonable efforts to provide uninterrupted Access to eLearning Products to its Users. However, from time to time, Users may be unable to Access the eLearning Products due to conditions beyond Softball Excellences control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of eLearning Products to its Users, Softball Excellence will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term commercially reasonable,as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
Softball Excellence endeavors to provide the highest quality content to its Users. To that end, Softball Excellence reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
6. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following Prohibited Conduct:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Softball Excellence's computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- Transfer the Site content to another person; frame,mirror, in-line link, or employ similar navigational technology to the Site content; or deep linkto the Site content.
- Violate or attempt to violate Softball Excellences security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device (such as a web crawleror other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Softball Excellence.
- Use the Site to violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Softball Excellence.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the Site.
- Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, Softball Excellence reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to eLearning Products to any person or entity whose use of eLearning Products suggests Prohibited Conduct. Access of the eLearning Products materials available beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of eLearning Products and will result in revocation or denial of Access to eLearning Products. The terms normal patterns and abuse shall be determined solely by Softball Excellence.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
7. LIMITED WARRANTIES.
Softball Excellence warrants that the software that allows Users to Access ELEARNING PRODUCTS (Software), if operated as directed, will substantially achieve the functionality described on the Site. SOFTBALL EXCELLENCE PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.
Softball Excellence also warrants that the media containing the Software, if provided by Softball Excellence, is free from defects in material on the date the User acquired the Software. SOFTBALL EXCELLENCE'S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE FEE PAID FOR ACCESS TO ELEARNING PRODUCTS. THE USER MUST INFORM SOFTBALL EXCELLENCE OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR SOFTBALL EXCELLENCE WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. SOFTBALL EXCELLENCE WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.
ALTHOUGH SOFTBALL EXCELLENCE HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
8. DISCLAIMERS AND LIMITATION OF LIABILITY.
USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 9), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS ARE SPECIFICALLY DISCLAIMED. SOFTBALL EXCELLENCE DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. SOFTBALL EXCELLENCE DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL SOFTBALL EXCELLENCE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT SOFTBALL EXCELLENCE RECEIVED FROM THE USER FOR ELEARNING PRODUCTS AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL SOFTBALL EXCELLENCE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT SOFTBALL EXCELLENCE RECEIVED FROM THE USER TO ACCESS ELEARNING PRODUCTS, EVEN IF SOFTBALL EXCELLENCE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF SOFTBALL EXCELLENCE, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. SOFTBALL EXCELLENCE IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF SOFTBALL EXCELLENCE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
SOFTBALL EXCELLENCE DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT SOFTBALL EXCELLENCE RECEIVED FROM THE USER ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
9. Third Party Content; Hyperlinks.
You acknowledge that Softball Excellence does not pre-screen third party materials. Softball Excellence is not the publisher or author of any information on the Site that is provided by third party content providers, and Softball Excellence is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Softball Excellences use of the content constitutes neither an endorsement nor a recommendation by Softball Excellence of the content. Softball Excellence assumes no responsibility for third party products or services.
Softball Excellence may contain links and references to other third party websites and materials. Softball Excellence does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Softball Excellence does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Softball Excellence may disable any hyperlink to the Site. Softball Excellence has the right but not obligation to monitor third party websites and hyperlinks to the Site.
SOFTBALL EXCELLENCE MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, SOFTBALL EXCELLENCE DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
10. Copyrights, Trademarks and Other Proprietary Rights.
Softball Excellence or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Softball Excellence LLC.. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the ELEARNING PRODUCTS may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Softball Excellence, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Softball Excellence's intellectual property except as set forth in Section 4.
If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Softball Excellence, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
User agrees to defend, indemnify and otherwise hold harmless Softball Excellence and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User's Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
12. Security; Authorized Use.
Users are prohibited from violating or attempting to violate the security of the Site. Softball Excellence has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Softball Excellence may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the ELEARNING PRODUCTS. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify Softball Excellence immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify Softball Excellence immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Softball Excellence will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by Softball Excellence, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone elses use of Your account, user name or password.
Softball Excellence will never ask You for Your password. If You need a new user name and/or password, Softball Excellence will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
13. Termination of Agreement.
In addition to Softball Excellences other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Softball Excellence may also terminate Access to ELEARNING PRODUCTS without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Softball Excellence deems inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16, shall survive in perpetuity.
Softball Excellence values Your trust. In order to honor that trust, all of Softball Excellences employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review Softball Excellence's Privacy Statement, the terms of which are incorporated into this Agreement as if set forth in full.
These Terms constitute the entire agreement between Softball Excellence and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Softball Excellence and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon Users breach or threatened breach of these Terms, Softball Excellence may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Softball Excellences remedies are cumulative and not exclusive. Failure of Softball Excellence to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Softball Excellence makes no representation that the content of the Site is appropriate or available for use in all locations. Softball Excellence operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Softball Excellence cannot provide notifications via post, only e-mail.
16. Governing Law; Dispute Resolution; Forum and Venue.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Florida law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Softball Excellence shall be finally resolved through binding arbitration in Tampa, Florida. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Florida Superior Court, County of Hillsborough or the United States District Court for the Second District of Florida. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Florida Superior Court, County of Hillsborough or the United States District Court for the Second District of Florida for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys fees related to any arbitration, claim or action.
EFFECTIVE DATE: JUNE 7, 2017