Friday, September 3, 2010
Member Services
Terms and Conditions

Subscriber Information

Subscriber must promptly inform FLHSBASEBALLREPORT.COM of any of the following: apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until FLHSBASEBALLREPORT.COM is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of FLHSBASEBALLREPORT.COM

Access

Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of FLHSBASEBALLREPORT.COM is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. FLHSBASEBALLREPORT.COM will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Premium Ticket Service is a breach of this Agreement and a violation of law.

Message Boards

Subscriber-only message boards are included in the FREE FLHSBASEBALLREPORT.COM subscriptions. The accepted standards of conduct in these communities is determined by the publishing partner of any given site. Subscribers agree that FLHSBASEBALLREPORT.COM and its publishing partners have the right to enforce these standards, including removing access to premium message boards with no refund to the Subscriber.

By subscribing, registering or using the sites, you agree that FLHSBASEBALLREPORT.COM and or the publisher(s) and board moderators of the sites have the right to blacklist you or any other user at any time, if they feel that that action is in the best interest of the sites, for whatever reason, and the reason need not be disclosed.

Warranty

No warranty is made by FLHSBASEBALLREPORT.COM regarding any information, services, or products provided through or in connection FLHSBASEBALLREPORT.COM and FLHSBASEBALLREPORT.COM hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

The Subscriber hereby warrants and represents that he or she is in all respects is qualified and competent to enter into this agreement.

Limitation of Liability

FLHSBASEBALLREPORT.COM is not obligated to monitor the content on this site. However, with respect to the use of the products and services offered on this site, FLHSBASEBALLREPORT.COM reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the this site, in FLHSBASEBALLREPORT.COM sole discretion, without notice at any time.

This site may contain message board services, chat areas, communities, personal pages, pages created and/or maintained by publishers, or other communication facilities. You agree to use these facilities only to post, send and receive messages and material that are proper and related to the particular facility, and to comply with all applicable laws and these Terms of Use and Notices.

FLHSBASEBALLREPORT.COM reserves the right, but is not obligated, to review materials posted to this site and to remove any such materials and/or edit such materials in its sole discretion, without notice at any time. In addition, FLHSBASEBALLREPORT.COM reserves the right to terminate your access to any or all of the sites and services at any time without notice for any reason whatsoever. Furthermore, FLHSBASEBALLREPORT.COM reserves the right to terminate or change any part of the site at any time.

FLHSBASEBALLREPORT.COM is not obligated to monitor the content on this site. However, with respect to the use of the community facilities mentioned above, FLHSBASEBALLREPORT.COM reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the site or service, in FLHSBASEBALLREPORT.COM sole discretion.

You acknowledge that the community services are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any public area. FLHSBASEBALLREPORT.COM specifically disclaims any liability with regard to the community areas on our site, or the content published by publishers under their publishing agreements, in which they agree that they are fully responsible for the content they post on the site. Forum managers and hosts of the community services, message boards, chat rooms, etc. are not authorized FLHSBASEBALLREPORT.COM agents or spokespersons, are not able to bind FLHSBASEBALLREPORT.COM, nor do their views necessarily reflect those of FLHSBASEBALLREPORT.COM.

The information, services, information, and other material included in or available through the this site may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via this site should not be relied upon for decisions or other critical purposes.

By registering to post on FLHSBASEBALLREPORT.COM message boards, you agree that you are solely responsible for the content of your posts (defined as all content posted by you on the message boards, including actual posts, user profiles, signatures, etc.). This responsibility includes full liability for copyright infringement, libel/slander, and other liability, and you hereby agree to indemnify FLHSBASEBALLREPORT.COM, FLHSBASEBALLREPORT.COM employees and subcontractors, and FLHSBASEBALLREPORT.COM publishers from any and all liability associated with the above. You agree that you own the content of your posts, but that you grant FLHSBASEBALLREPORT.COM the right to reproduce or republish the content of your posts, in full or in part, for any purpose, as well as the right to grant permission for other reproduction or republishing of the posts by a third party. In addition, by registering on this site and/or by using this site, you agree that you recognize that all other users are solely responsible for the content of their posts and that they have indemnified FLHSBASEBALLREPORT.COM (see above) as you have. You agree that you will not hold FLHSBASEBALLREPORT.COM, its employees or subcontractors, owners, or agents responsible for the actions of posters on the message boards.

By registering or subscribing on this site, you agree that you are giving explicit consent to FLHSBASEBALLREPORT.COM to send to you various emails, including marketing emails of various types. You hereby agree that, although FLHSBASEBALLREPORT.COM may provide methods for opting out of these emails, that these emails are not 'unsolicited emails' or 'spam', and that you will indemnify and hold harmless FLHSBASEBALLREPORT.COM, its owners, managers, employees, publishers, and other agents from any liability whatsoever associated with these emails, FLHSBASEBALLREPORT.COM sending of these emails, and/or your receipt thereof.

Your access to and use of this site, and products and services of this site, is at your own risk. FLHSBASEBALLREPORT.COM, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the this site Network, or such products or services. FLHSBASEBALLREPORT.COM makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the this site Network, or such products or services. Without limiting the foregoing, FLHSBASEBALLREPORT.COM AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FLHSBASEBALLREPORT.COM AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL FLHSBASEBALLREPORT.COM AND/OR ITS SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLHSBASEBALLREPORT.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ITS RELATED SERVICES.

You agree to defend, indemnify and hold FLHSBASEBALLREPORT.COM and its suppliers, publishers, partners, sponsors, or other associates harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Use and Notices (including, without limitation, violation of applicable Additional Terms of Use), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with FLHSBASEBALLREPORT.COM or your use of this site.

Use Restriction

The material on FLHSBASEBALLREPORT.COM is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. FLHSBASEBALLREPORT.COM spends a great deal of time and money to obtain the information appearing on its web sites. Subscribers agree that they will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from FLHSBASEBALLREPORT.COM, without express written permission from FLHSBASEBALLREPORT.COM. Subscribers agree that, should they do so, FLHSBASEBALLREPORT.COM reserves the right to cancel their subscription immediately. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.

To prevent access by multiple users sharing one account, FLHSBASEBALLREPORT.COM reserves the right to limit access for each Subscriber to a fixed number of physical locations or machines or to a specific number of simultaneous logons. Subscriber agrees to notify FLHSBASEBALLREPORT.COM in advance if their situation calls for use of multiple machines (i.e. student worklab, library, etc.). In addition, if such a scenario exists, subscriber is responsible for logging out appropriately in order to login successfully in another location.

By signing up to post on FLHSBASEBALLREPORT.COM message boards, you agree that you will not use the message boards to advertise any product or service, without the express written permission of FLHSBASEBALLREPORT.COM. You also agree that if you do use the message boards in such a manner, and are subsequently banned or blacklisted from the message boards, and then continue to post such advertising under a new account, you will be liable for damages to FLHSBASEBALLREPORT.COM in the amount of fair compensation for equivalent advertising frequently sold by FLHSBASEBALLREPORT.COM to other advertisers, plus FLHSBASEBALLREPORT.COM costs of collection, including attorneys fees. Due to difficulty in FLHSBASEBALLREPORT.COM assessing these damages and advertising opportunity costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on FLHSBASEBALLREPORT.COM’s ability to prove actual damages in excess of this amount).

By signing up to post on FLHSBASEBALLREPORT.COM message boards, you agree that if FLHSBASEBALLREPORT.COM blacklists you, you will cease and desist from posting on the message boards. If you are blacklisted, and subsequently sign up under new account(s) for the sole purpose of disrupting the message boards in any manner, you will be liable for damages to FLHSBASEBALLREPORT.COM in the amount of fair compensation for time spent by FLHSBASEBALLREPORT.COM staff and/or publishers in addition to any lost profits or revenues caused by your disruption and costs of collection of these damages, including attorneys fees. Due to difficulty in FLHSBASEBALLREPORT.COM assessing these damages and costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on FLHSBASEBALLREPORT.COM’s ability to prove actual damages in excess of this amount).

Notices

Notices by FLHSBASEBALLREPORT.COM to Subscribers may be given by means of electronic messages or by a general posting on the service. Notices by Subscribers may be given by electronic messages.

Privacy Policy

PLEASE READ FLHSBASEBALLREPORT.COM PRIVACY POLICY

The Privacy Policy shall constitute part of this Agreement and shall be deemed to be incorporated herein by reference in its entirety and made a part hereof, as if set out in full.

Agreement

This Agreement contains the entire agreement between the Subscriber or user and FLHSBASEBALLREPORT.COM regarding the use of the services, and supersedes all prior written and oral understandings and writings.

The Agreement shall be governed pursuant to the laws of the State of FLORIDA. Venue shall be chosen (at the sole discretion of FLHSBASEBALLREPORT.COM) for any and all cases arising out of the use of FLHSBASEBALLREPORT.COM and/or regarding content published on FLHSBASEBALLREPORT.COM. By using this site, registering on this site, or subscribing to this site, you agree to all of these terms.

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