American Baseball Coaches Association Terms and Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND American Baseball Coaches Association, OWNER OF THE DOMAIN (http://abca.digitellinc.com/), ("WE", "US", "American Baseball Coaches Association" OR "http://abca.digitellinc.com/") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE "http://abca.digitellinc.com/" SITE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND ALL OF American Baseball Coaches Association RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT" BETWEEN YOU AND American Baseball Coaches Association BY ACCESSING THE http://abca.digitellinc.com/ SITE AND USING ANY OF THE http://abca.digitellinc.com/ SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT ACCESS OR USE http://abca.digitellinc.com/. American Baseball Coaches Association MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OF http://abca.digitellinc.com/ SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Definition of the http://abca.digitellinc.com/ Service.
American Baseball Coaches Association is the creator and provider of a service (the "http://abca.digitellinc.com/ Service") that permits users to select proprietary audio lectures consisting of licensed audio content (collectively, the "http://abca.digitellinc.com/ Content") from American Baseball Coaches Association. Requirements for Use of the http://abca.digitellinc.com/ Service. The http://abca.digitellinc.com/ Service is for individuals over 18 years of age who can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable requirements, you may not use the http://abca.digitellinc.com/ Service.
3. Your Information.
You agree to provide current, complete, and accurate information required to complete your registration with the http://abca.digitellinc.com/ Service and at other points as may be required in the course of using the http://abca.digitellinc.com/ Service (such information will be referred to herein, collectively, as "Subscriber Data"). You further agree to maintain and update Subscriber Data as required to keep it current, complete, and accurate. You shall not use a false or misleading name or a name that you are not authorized to use. If any information you provide is false, incomplete, or inaccurate, we may terminate your rights to any or all of the http://abca.digitellinc.com/ Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Subscriber Data you provide (including credit card information) for use in maintaining your accounts and billing American Baseball Coaches Association fees to your credit card.
4. User Account, Password, and Security.
a. Account and Password. As a registered user of the http://abca.digitellinc.com/ Service, you may receive or establish one or more passwords and accounts ("http://abca.digitellinc.com/ Account(s)"). You are solely responsible for maintaining the confidentiality and security of your passwords and http://abca.digitellinc.com/ Accounts. You are entirely responsible for all activities that occur on or through your http://abca.digitellinc.com/ Account(s), and you agree to notify us immediately about any unauthorized use of http://abca.digitellinc.com/ Accounts or any breach of security. We will not be responsible for any losses incurred in connection with any misuse of passwords and we will have no responsibility whatsoever for your failure to comply with this Paragraph. Your breach of this Paragraph may result in immediate termination of your http://abca.digitellinc.com/ Account(s), and may also subject you to criminal or civil liability.
b. Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the http://abca.digitellinc.com/ Service. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. It is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the http://abca.digitellinc.com/ Service.
5. Grants of Licenses.
a. http://abca.digitellinc.com/ Content License. When you "checkout" or otherwise "purchase" (referred to herein, collectively as "Purchase") http://abca.digitellinc.com/ Content from the http://abca.digitellinc.com/ Service, American Baseball Coaches Association grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such http://abca.digitellinc.com/ Content to your computer and/or your Device(s) solely for your personal non-commercial use. Except as otherwise expressly provided in this License Agreement, you may not, in whole or part: (a) copy, distribute, transmit, display, perform, reproduce, publish, modify, rewrite, create derivative works from, transfer or sell any material contained on the Site; (b) reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any language or computer language, or retransmit the Site in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise); (c) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the System to third parties; or (d) to permit remote access to the Site by any kind to any third party. This license to the http://abca.digitellinc.com/ Content you Purchase will continue for as long as your copy of http://abca.digitellinc.com/ Content exists pursuant to and in accordance with the terms and conditions of this Agreement.
b. Site Access License. American Baseball Coaches Association grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the http://abca.digitellinc.com/ Site and not to download (other than page caching) or modify all or any portion of the http://abca.digitellinc.com/ Site. This license does not include any resale or commercial use of the http://abca.digitellinc.com/ Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the http://abca.digitellinc.com/ Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The http://abca.digitellinc.com/ Site and/or any portion of the http://abca.digitellinc.com/ Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of American Baseball Coaches Association or http://abca.digitellinc.com/, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the homepage of the http://abca.digitellinc.com/ Site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any American Baseball Coaches Association, or http://abca.digitellinc.com/ logo or other proprietary graphic or trademark as part of the link without express written permission.
c. No Other License. Except as expressly stated herein, no rights or licenses are granted hereunder.
6. Right to Change Prices.
Prices of all http://abca.digitellinc.com/ Content, including but not limited to Subscriptions, are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the http://abca.digitellinc.com/ Site or the http://abca.digitellinc.com/ Service.
7. Agreement to Pay.
a. You agree that you will pay timely, and that we may charge your credit card for any http://abca.digitellinc.com/ Content or Subscription, for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your http://abca.digitellinc.com/ Account(s) (collectively, "http://abca.digitellinc.com/ Fees"). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL http://abca.digitellinc.com/ FEES AND FOR PROVIDING American Baseball Coaches Association WITH A VALID CREDIT CARD FOR PAYMENT OF ALL http://abca.digitellinc.com/ FEES. All http://abca.digitellinc.com/ Fees will be billed to the credit card you designated during the registration process. If you want to designate a different credit card or there is a change in your credit card status, you must change your credit card information online at the "My Account" section of the http://abca.digitellinc.com/ Site or by contacting Customer Service at (800) 679-3646. (There may be a temporary disruption in the ability to use the http://abca.digitellinc.com/ Service until American Baseball Coaches Association can verify the validity of the new credit card information.) You agree that American Baseball Coaches Association may use all legal means available to collect http://abca.digitellinc.com/ Fees should our attempts to charge your credit card on record fail for any reason. American Baseball Coaches Association will charge you for any collection agency and legal fees it pays while collecting http://abca.digitellinc.com/ Fees from you.
b. Refund Policies. Except as stated otherwise, or as otherwise provided by applicable law, all charges are non-refundable once purchased content has been electronically accessed. This includes but is not limited to an electronic request to download, stream, or view purchased content.
8. Electronic Signatures and Contracts.
Your use of the http://abca.digitellinc.com/ Service includes the ability to enter into agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE. YOU CONSENT TO American Baseball Coaches Association PROVIDING YOU ANY INFORMATION THAT American Baseball Coaches Association IS REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER TRANSACTIONS ("REQUIRED INFORMATION") IN ELECTRONIC FORM. American Baseball Coaches Association MAY PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED IN YOUR http://abca.digitellinc.com/ MEMBERSHIP SUBMISSION, (2) BY ACCESS TO A American Baseball Coaches Association WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO A American Baseball Coaches Association WEBSITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. YOU MAY REQUEST A PAPER COPY OF ANY REQUIRED INFORMATION. YOU MAY REQUEST PAPER COPIES, WITHDRAW YOUR CONSENT, OR UPDATE YOUR E-MAIL ADDRESS BY FOLLOWING THE INSTRUCTIONS AT http://abca.digitellinc.com/. American Baseball Coaches Association MUST RECEIVE YOUR PAPER COPY REQUEST WITHIN 120 DAYS FROM THE DATE THAT American Baseball Coaches Association FIRST PROVIDED THE REQUIRED INFORMATION TO YOU. IN ORDER FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE FOLLOWING HARDWARE AND SOFTWARE: A COMPUTER CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF ACCESSING THE INTERNET, AND A BROWSER CAPABLE OF ACCESSING AND DISPLAYING WEB PAGES. NOTWITHSTANDING YOUR CONSENT AS SET FORTH IN THIS SECTION, YOU MAY AT ANY TIME OBTAIN A PAPER COPY OF AN ELECTRONIC RECORD BY SENDING AN E-MAIL TO US AND PAYING A NOMINAL FEE PER COPY. YOUR CONSENT TO ELECTRONIC AGREEMENTS SET FORTH ABOVE IS NECESSARY FOR USE OF THE http://abca.digitellinc.com/ SERVICE. YOU MAY WITHDRAW CONSENT BY SENDING American Baseball Coaches Association AN E-MAIL CONTAINING INFORMATION UNIQUE TO YOU INCLUDING YOUR ACCOUNT INFORMATION; HOWEVER, THIS WILL RESULT IN A TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE http://abca.digitellinc.com/ SERVICE.
9. Availability of http://abca.digitellinc.com/ Content.
We will exercise reasonable efforts to provide the http://abca.digitellinc.com/ Content in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. You acknowledge and agree that availability of http://abca.digitellinc.com/ Content that is not yet created at the time of acceptance of this Agreement (such as time-dated programming) is subject to the creation of such programs by the supplier. Your exclusive and sole remedy with respect to http://abca.digitellinc.com/ Content that is not delivered within a reasonable period will be replacement of such http://abca.digitellinc.com/ Content with comparable programs or a pro rata extension of the applicable subscription period.
10. Intellectual Property.
a. Removal of http://abca.digitellinc.com/ Content or other Materials. Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any http://abca.digitellinc.com/ Content or other materials comprising a part of the http://abca.digitellinc.com/ Service that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such http://abca.digitellinc.com/ Content or materials under this Agreement.
b. Copyrights. All copyrights in and to the http://abca.digitellinc.com/ Service materials including but not limited to the http://abca.digitellinc.com/ Site (including the compilation of content, postings, links to other Internet resources and descriptions of those resources), http://abca.digitellinc.com/ Content, Subscriptions, American Baseball Coaches Association Software, or any parts of or content within the http://abca.digitellinc.com/ Site, http://abca.digitellinc.com/ Content, Subscriptions and American Baseball Coaches Association Software, are owned by American Baseball Coaches Association and/or its suppliers and/or licensors. THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS AND American Baseball Coaches Association SOFTWARE ON OR IN CONNECTION WITH THE http://abca.digitellinc.com/ SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE http://abca.digitellinc.com/ SITE OR ANY OF THE PAGES OF THE http://abca.digitellinc.com/ SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO THE http://abca.digitellinc.com/ SERVICE MATERIALS. REPRODUCTION OR USE OF THE http://abca.digitellinc.com/ SERVICE MATERIALS IN A MANNER OTHER THAN AS SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
c. Trademarks. American Baseball Coaches Association, http://abca.digitellinc.com/, and other American Baseball Coaches Association trademarks,service marks, graphics and logos used in connection with the http://abca.digitellinc.com/ Service are trademarks or registered trademarks of American Baseball Coaches Association in the U.S. and/or other countries. Other trademarks, service marks, graphics and logos used in connection with the http://abca.digitellinc.com/ Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the afore described trademarks and any use of such trademarks, including but not limited to use in connection with any product or service that is not that of the respective trademark owner in any manner that is likely to cause confusion among customers or that disparages or discredits the respective trademark owner, is strictly prohibited.
a. Termination By American Baseball Coaches Association. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of http://abca.digitellinc.com/ Fees due, failure to provide American Baseball Coaches Association with a valid credit card or with accurate and complete Registration Data, failure to safeguard your http://abca.digitellinc.com/ Account information and password, or violation of the http://abca.digitellinc.com/ Content License or the http://abca.digitellinc.com/ Site Access License or any license to American Baseball Coaches Association Software, American Baseball Coaches Association, at its sole discretion, may: (A) terminate this Agreement and/or your http://abca.digitellinc.com/ Account and you will remain liable for all amounts due under your http://abca.digitellinc.com/ Account up to and including the date of termination; and/or (B) terminate the http://abca.digitellinc.com/ Content License, the http://abca.digitellinc.com/ Site Access License and/or licenses to American Baseball Coaches Association Software; and/or (C) preclude access to the http://abca.digitellinc.com/ Service (or any part thereof). We will notify you if we take any of the foregoing actions.
b. Termination of the Service. We reserve the right to modify, suspend or discontinue the http://abca.digitellinc.com/ Service (or any part thereof) or any http://abca.digitellinc.com/ Content (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, depending upon your http://abca.digitellinc.com/ Plan and the other Purchases you have made from the http://abca.digitellinc.com/ Service.
12. General Compliance with Laws; Export Restrictions.
The http://abca.digitellinc.com/ Service is controlled and operated by us from our offices within the United States. You agree to comply with all local, state, federal, national and international laws, statutes, ordinances and regulations that apply to your use of the http://abca.digitellinc.com/ Service, including as they relate to export or re-export into (or to a national or resident of) any country to which the United States embargoes goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
13. No Responsibility for Third Party Materials or Web sites.
Certain content, http://abca.digitellinc.com/ Content, products and services available via the http://abca.digitellinc.com/ Service may include materials from third parties. In addition, we may provide links to certain third party Web sites. With respect to such material, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or Web sites. American Baseball Coaches Association does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Web sites, or for any other materials, products or services of third parties. Links to other Web sites are provided solely as a convenience to you.
14. Limited Express Warranty.
Except as expressly provided herein, the http://abca.digitellinc.com/ Service is provided "AS IS" and "AS AVAILABLE". American Baseball Coaches Association MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE http://abca.digitellinc.com/ SERVICE AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The http://abca.digitellinc.com/ Service is only warranted as stated below: American Baseball Coaches Association warrants that the media in which the http://abca.digitellinc.com/ Content is provided (e.g., the CD-ROM or the file transmitted to you) will be free from material defects on delivery. If you find a defect in http://abca.digitellinc.com/ Content that you have received in a tangible medium from American Baseball Coaches Association or that you have downloaded or attempted to download from the http://abca.digitellinc.com/ Site, your sole remedy (provided you meet the registration, technical and payment requirements for use of the http://abca.digitellinc.com/ Service) is to call American Baseball Coaches Association Customer Service at (800) 679-3646 and American Baseball Coaches Association will consult with you on proper downloading procedures and hardware requirements. If, thereafter, you are still unable to download a working copy of http://abca.digitellinc.com/ Content, you may attempt at a later time to download a new copy of the http://abca.digitellinc.com/ Content. American Baseball Coaches Association warrants that the http://abca.digitellinc.com/ Content that you license directly through the http://abca.digitellinc.com/ Service will be of a quality suitable for human listening and will consist of the http://abca.digitellinc.com/ Content that was offered via the http://abca.digitellinc.com/ Service, if obtained pursuant to American Baseball Coaches Association instructions using equipment that is in good operating condition and meets the specifications for the http://abca.digitellinc.com/ Service as provided by American Baseball Coaches Association. In the event the http://abca.digitellinc.com/ Content is incomplete or not as warranted above, American Baseball Coaches Association will provide you with replacement http://abca.digitellinc.com/ Content or a credit on your http://abca.digitellinc.com/ Account for the defective material, as determined by American Baseball Coaches Association in its sole discretion, if you advise American Baseball Coaches Association of the defect within seven (7) days of first downloading the material by calling (800) 679-3646 or completing the customer service request form available at the http://abca.digitellinc.com/ Site. You will be asked to document the defect. A credit can be applied to the Purchase of the same or other http://abca.digitellinc.com/ Content. There is no warranty, express or implied, on the content, quality, or technical compatibility of audio materials and information services downloaded through the http://abca.digitellinc.com/ Service but not under the control of American Baseball Coaches Association. The foregoing warranties do not cover defects caused by viruses, disabling codes, accident, mishandling, misuse, improper installation, service or maintenance, modification of the American Baseball Coaches Association Software or http://abca.digitellinc.com/ Content or the media on which the American Baseball Coaches Association Software and http://abca.digitellinc.com/ Content are furnished, or the user's lack of the necessary hardware/software. You recognize that the http://abca.digitellinc.com/ Site is to be used as only a reference aid. The Site is not a substitute for the exercise of professional judgment. NO American Baseball Coaches Association EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED IN THIS PARAGRAPH. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT.
15. Limitation on Liability.
IN NO EVENT SHALL American Baseball Coaches Association HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE http://abca.digitellinc.com/ SERVICE. IN NO EVENT SHALL American Baseball Coaches Association HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR http://abca.digitellinc.com/ ACCOUNTS, OR ARISING OUT OF ITS GOOD FAITH REMOVAL OR DISABLING OF ANY http://abca.digitellinc.com/ CONTENT. SUBJECT TO THE AVAILABILITY OF THE http://abca.digitellinc.com/ CONTENT AND American Baseball Coaches Association'S LIMITED EXPRESS WARRANTY HEREIN, American Baseball Coaches Association IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE http://abca.digitellinc.com/ CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH THE http://abca.digitellinc.com/ SERVICE.WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL American Baseball Coaches Association OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR INABILITY TO USE http://abca.digitellinc.com/ ACCOUNT(S), American Baseball Coaches Association, INC. SOFTWARE, http://abca.digitellinc.com/ CONTENT OR THE http://abca.digitellinc.com/ SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL American Baseball Coaches Association BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE http://abca.digitellinc.com/ SERVICE (OR ANY PART THEREOF) IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SOFTWARE OR CONTENT GIVING RISE TO THE DAMAGE, OR (B) TWO HUNDRED FIFTY DOLLARS (US$250). Some states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusion thereof may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state.
You agree to indemnify and hold harmless American Baseball Coaches Association, its affiliates, subsidiaries, shareholders, officers and directors, agents, employees, and partners from any third party claim or demand, including reasonable attorneys' fees for damages and/or costs due to or arising out of your breach of this Agreement and/or your use of the http://abca.digitellinc.com/ Service, American Baseball Coaches Association Software, Devices and/or the http://abca.digitellinc.com/ Content.
17. Governing Law.
This Agreement will be exclusively governed by the laws of the State of New York without regard to its principles on the conflicts of laws.
Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by American Baseball Coaches Association for any violation of American Baseball Coaches Association intellectual property or other proprietary rights or of the licenses granted pursuant to this Agreement, will be settled by arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, if you are domiciled outside the United States, then the dispute will be resolved by arbitration under the then-current International Arbitration Rules of the American Arbitration Association. The location of the arbitration shall be Jamestown, New York, USA.
We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the http://abca.digitellinc.com/ Service. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to the http://abca.digitellinc.com/ Site. Your continued use of the http://abca.digitellinc.com/ Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
Digitell Inc. Privacy Statement
Effective Date: 10/01/06
This privacy statement discloses the privacy practices for http://www.digitellinc.com
Data Collection and Use:
Digitell Inc. is the sole owner of the information collected on this Web site.
We will not sell, share, or rent this information to others in ways different
from what is disclosed in this statement. Digitell Inc. collects information
from its users at several different points on its Web site.
In order to use this website, a user must first complete the registration form.
During registration a user is required to give their contact information (name
and email address) and to create a username & password. This information is
used to contact the user about the services on our site for which they have
expressed interest. Digitell does not require the user to provide demographic
information, such as income level and gender, nor unique identifiers such as
social security number.
We request information from the user on our order form. Here a user must
provide contact information (i.e., name, telephone and shipping address) and
financial information (i.e., credit card number, expiration date). This
information is used for billing purposes and to fill customer's orders. If we
have trouble processing an order, this contact information is used to get in
touch with the user.
A cookie is a piece of data stored on the user's hard drive containing
information about the user. Usage of a cookie is in no way linked to any
personally identifiable information while on our Web site. For instance, by
setting a cookie on our Web site, the user would not have to log in a password,
thereby saving time each time they visit our site. Should the user want to
temporarily disable this function they can do so by clicking the log-out link.
If a user rejects the cookie, they may still use our site. The only drawback to
this is that the user will be limited in some areas of our site. For example,
the user will not be able to participate in any of our Sweepstakes, Contests or
Special Offers that take place. Cookies can also enable us to track and target
the interests of our users to enhance the experience on our site.
We use IP addresses to analyze trends, administer the site, track user's
movement, and gather broad demographic information for aggregate use.
Sharing of Information:
We do not share information about individuals with anyone other than the credit
card processors and the shipping company. Since our business requires us to pay
royalties based on the sale of each of our audio programs, we must report
aggregate sales figures to the publishers with whom we work. However, we do not
share any information about individual customers with publishers.
Web Links on Our Site:
This Web site contains links to other sites. Please be aware that Digitell Inc. is not responsible for the privacy practices of such other sites. We
encourage our users, when they leave our site, to read the privacy statements
of each and every Web site that collects personally identifiable information.
This privacy statement applies solely to information collected by this Web
Surveys & Contests:
From time-to-time our site requests information from users via surveys or
contests. Participation in these surveys or contests is completely voluntary
and the user therefore has a choice whether or not to disclose this
information. Information requested may include contact information (such as
name and shipping address), and demographic information (such as zip code, age
level). Contact information will be used to notify the winners and award
prizes. Survey information will be used for purposes of monitoring or improving
use of and satisfaction with this Web site.
This Web site takes every precaution to protect its users' information. When
users submit sensitive information via the Web site, the information is
protected both online and off-line.
When our registration/order form asks users to enter sensitive information
(such as credit card number and/or social security number), that information is
encrypted and is protected with the best encryption software in the industry -
SSL. While on a secure page, such as our order form, the lock icon on the
bottom of Web browsers such as Netscape Navigator and Microsoft Internet
Explorer becomes locked, as opposed to un-locked, or open, when you are just
While we use SSL encryption to protect sensitive information online, we also do
everything in our power to protect user information off-line. All of our users'
information, not just the sensitive information mentioned above, is restricted
in our offices. Only employees who need the information to perform a specific
job (for example, a billing clerk or customer service representative) are granted
access to personally identifiable information. Our employees must use
password-protected screen-savers when they leave their desk. When they return,
they must re-enter their password to re-gain access to user information.
Furthermore, ALL employees are kept up-to-date on our security and privacy
practices. Every quarter, as well as any time new policies are added, our
employees are notified and/or reminded about the importance we place on
privacy, and what they can do to ensure our customers' information is
protected. Finally, the servers that we store personally identifiable
information on are kept in a secure environment, behind a locked cage.
If you have any questions about the security at our Web site, you can send an
email to email@example.com
We send all new members a welcoming email to verify password and username.
Established members will occasionally receive information on products,
services, special deals, and a newsletter. Out of respect for the privacy of
our users we present the option to not receive these types of communications.
Please see description of our choice/opt-out policy below.
Digitell Inc. uses a third party tracking utility to track end-user activity
to make our site easy to navigate through, and to find out which areas of our
site draw the most attention. The information tracked are such things as Most
Requested Page, Least Requested Page, Top Entry Page, Top Path Through Site,
cities users are visiting from, average length of time spent at the site, etc.
Site and Service Updates:
We send the user site and service announcement updates. Members are not able to
un-subscribe from service announcements, which contain important information
about the service. We communicate with the user regarding updates to our site
and service and issues relating to their account via email or phone.
Correcting/Updating Personal Information:
If a user's personally identifiable information changes (such as zip code), or
if a user no longer desires our service, we will endeavor to provide a way to
correct, update, or remove that user's personal data. To notify Digitell Inc.,
of a change, you can go to the "Your Account" pages located at
http://www.digitellinc.com or email Customer Support at firstname.lastname@example.org
Our users are given the opportunity to 'opt-out' of having their information
used for purposes not directly related to our Web site at the point where we
ask for the information. For example, our order form has an 'opt-out' mechanism
so users who buy a product from us, but don't want any marketing material, can
keep their email address off of our lists.
Users who no longer wish to receive our newsletter or promotional materials
from our partners may opt-out of receiving these communications by changing
their account options under the "Your Account" section digitellinc.com
Users of our Web site are always notified when their information is being
collected by any outside parties. We do this so our users can make an informed
choice as to whether or not they should proceed with services that require an
Notification of Changes:
Homepage so our users are always aware of what information we collect, how we
use it, and under what circumstances, if any, we disclose it. If at any point
we decide to use personally identifiable information in a manner different from
that stated at the time it was collected, we will notify users by email. Users
will have a choice as to whether or not we use their information in this
under which the information was collected.
Though we make every effort to preserve user privacy, we may need to disclose
personal information when required by law wherein we have a good-faith belief
that such action is necessary to comply with a current judicial proceeding, a
court order or legal process served on our Web site.