These terms of service will become a legally binding agreement (this “Agreement”) between you and Stickball, Inc. (“Stickball”) when you indicate acceptance as provided below. Please read this Agreement carefully before clicking to indicate acceptance.
The Services (as defined below) are not intended to provide financial advice. The information, services and other content provided on and through the Services, including information that may be provided on the services directly or via linking to third-party sites, are provided for informational purposes only. Please consult with a financial professional regarding any financial decisions, investment decisions, or taxes. The information provided on the service, including information relating to financial matters, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from a financial professional.
Subject to the terms and conditions of this Agreement, Stickball hereby provides you with the right and license to access and to use Stickball’s online software (the “Services”) for your lawful, non-commercial personal use. You will be able to use the Services for as long as you remain a subscriber of the services in good standing, except as otherwise provided in this Agreement. As between you and Stickball, Stickball owns all right, title and interest in and to all intellectual property rights in the Services including, without limitation, the contents of any of our websites or services, such as the compilation and arrangement of content including text, graphics, images and other materials, and the hypertext markup language (HTML), scripts, active server pages (ASP), content provided by RSS feed, atom feed or other web feed or other content or software used in or provided through any such website or services. Stickball™, the Stickball™ logo, Stickball™, and the and other marks are tradenames and trademarks of Stickball. Stickball’s tradename and trademarks may not be used by you in connection with any product or service that is not offered by Stickball or in any manner that is likely to cause confusion in the marketplace or that disparages or discredits Stickball.
Subject to the terms and conditions of this Agreement, by indicating your acceptance of this Agreement, you grant to Stickball the right to copy, store, record, transmit, maintain, display, view, print, or otherwise use any data or information of any nature whatsoever, provided to Stickball by you in the course of your use of the Services (“Your Data”) to the extent necessary to provide the Services to you. Further, you irrevocably grant to Stickball the right to use aggregated, de-identified portions of Your Data (“Aggregated Data”), including without limitation to perform comparative studies and to provide services to third-parties, and to disclose Aggregated Data to third-parties in accordance with Stickball’s Privacy Policy (as it may be amended from time to time), which is incorporated into this agreement by reference (“Privacy Policy”), for their use in accordance with applicable law. Without limiting the foregoing, Stickball may disclose Your Data to third parties (i) that are contracted to provide any portion of the Services to you, for use solely to the extent necessary in providing such Services to you; and (ii) that are subject to a contractual obligation to protect the confidentiality of Your Data in their possession, in each case subject to the terms and conditions of this Agreement.
Stickball reserves the right, in its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including Stickball’s Privacy Policy) at any time, effective with or without prior notice; provided, however, that material changes (as determined in Stickball’s sole and absolute discretion) will be disclosed as follows: Stickball will provide you with notification of any such changes by email, postal mail, website or application posting, pop-up screen, or in-service notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using, the Services. Your continued use of the Services following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Stickball may change, modify, suspend, or discontinue any aspect of the Services at any time. Stickball may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.
You agree to accept emails from Stickball in connection with your use of the Services, including any and all notices, statements, and other communications to you.
You are prohibited from sharing your password and/or username with any other party. You will be responsible for all activities that take place under your password and/or username. You agree to immediately notify Stickball if you become aware of any loss or theft or unauthorized use of your password and/or user name.
You must provide at your own expense the equipment and internet connections that you will need to access and use the Services. Also, if you access the Services through wireless devices (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the Services through any wireless or other communication service.
You acknowledge that the technical processing and transmission of Your Data is fundamentally necessary to your use of the Services. You expressly consent to Stickball’s receipt and storage of Your Data, and you acknowledge and understand that the use of the Services will involve transmission of your data over the internet, and over various networks, only part of which may be owned and/or operated by Stickball. You acknowledge and understand that Your Data may be accessed by unauthorized parties when communicated across the internet, network communications facilities, telephone, or other electronic means. You agree that Stickball is not responsible for any of Your Data which are delayed, lost, altered, intercepted, or stored without authorization during the transmission of any such data across networks not owned and/or operated by Stickball, including, but not limited to, the internet.
You understand that certain features of and reports provided in connection with the Services may not be available to you if you do not provide sufficient information to Stickball and may not be accurate, current, or complete if Your Data contains any inaccuracies.
The Services may provide, or third parties may provide, links to other internet sites or resources. Because Stickball has no control over such sites and resources, you agree that Stickball is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. In addition, you agree that Stickball is not responsible for any third-party product or information that may be provided to you through the Services (e.g., through the integration of the Services with a third-party online application). Stickball may provide to you certain reports that contain information licensed by Stickball from third-parties who restrict the use of such reports to use within the United States. You agree that if any reports provided to you by Stickball specify that they may be used only within the United States, you will only use such reports within the United States. The use, posting, distribution, or publication on or through the services of any listing, content, product, or information does not constitute or imply an endorsement, recommendation, advice, opinion or comment by Stickball nor an assurance of legality, quality or safety by Stickball. Stickball cannot guarantee, and assumes no responsibility for verifying, the truthfulness or accuracy of the information provided by others, including other users of the Services. Stickball shall not be responsible for any offer, sale, purchase, or other transaction made, content posted, or other communications made by any third-party posting information or offering services or products through the Services. Any contacts you make with another person or entity, or decisions you make facilitated through the Services are strictly on your own. You must do your own due diligence and use your best judgment.
You agree that Stickball may suspend your access to the Services if Stickball reasonably concludes that your use of the Services is causing, or may possibly cause, harm to Stickball or others. In the extraordinary event that Stickball suspends access to the Services under this section, Stickball will use commercially reasonable efforts to resolve the issues causing the suspension of services. You agree that Stickball will not be liable to you or any third-party for any suspension of the Services under such circumstances as described in this section 11.
Stickball warrants that Stickball will use commercially reasonable efforts to safeguard and accurately maintain the integrity of Your Data, utilizing at a minimum industry standard security and backup procedures. In the event of a breach of this provision, Stickball will use commercially reasonable efforts to correct Your Data or restore Your Data as quickly as commercially practicable.
Except as stated in this section 12, (i) Stickball does not make any representations or warranties, express or implied, including without limitation, those of merchantability, non-infringement of third-party rights or fitness for a particular purpose, and (ii) the Services are provided to you on an “as is” and “as available” basis. Stickball does not represent that your use of the Services will be secure, timely, uninterrupted, or error-free or that the Services will be accurate, reliable, complete, or meet your requirements or that all errors in the Services will be corrected or that the system that makes the Services available will be free of viruses or other harmful components. The warranties stated in this section 12 are the sole and exclusive warranties offered by Stickball, and the remedies provided in this section 12 are the sole and exclusive obligations of Stickball with respect to any breach of such warranties. You assume all responsibility for determining whether the Services or the information generated thereby is accurate or sufficient for your purposes.
To the maximum extent permitted by law, in no event will Stickball, its affiliates, agents, suppliers, partners, information providers, and their respective officers, directors, employees, contractors and agents be liable to you for any damages whatsoever arising from or in connection with this Agreement or the use or inability to use any Services, including without limitation direct, incidental, consequential, punitive, special or exemplary damages, and indirect damages of any type or kind, and whether or not Stickball has been advised of the possibility of such damage. If notwithstanding the foregoing it is found by a court of competent jurisdiction that Stickball is liable to you for damages, Stickball’s maximum aggregate liability to you will in no case exceed the actual direct damages arising as a result of the act or omission complained of or $500, whichever is less. The essential purpose of this provision is to limit the potential liability of Stickball from this Agreement. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the exclusions set forth above may not apply.
As a material inducement to provide you with use of the Services, you hereby agree to indemnify, defend and hold Stickball, and its officers, directors, owners, agents, partners, information providers, and affiliates (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys’ fees and costs. If you have a dispute involving the Services with a third party, you release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California civil code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This Agreement will inure to benefit and bind the parties hereto, and their successors and assigns, but neither party may assign this Agreement without written consent of the other, except to a related entity or the successor of all or substantially all of the assignor’s business or assets to which this Agreement relates. This Agreement, including all documents incorporated herein, represents the entire agreement of the parties and supersedes all prior discussions and/or agreements between the parties and is intended to be the final expression of their agreement concerning the subject matter of this agreement. Except as expressly set forth herein, it will not be modified or amended except in writing signed by both parties. Any new terms or changes introduced in a purchase order or other document are void and of no force or effect. Stickball’s acknowledgement of receipt of such document or acceptance of payment shall not constitute agreement to any terms other than those set forth in this Agreement. Stickball makes no claims that any of the Services are appropriate or may be used or downloaded outside of the United States. Access to the Services may not be legal by certain persons, or in certain countries. This Agreement will not be governed by the United Nations convention on contracts for the international sale of goods. Each party shall comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re-export, or allow the export or re-export of any product, technology or information it obtains or acquires in connection with the services (or any direct product thereof) in violation of any such laws, restrictions or regulations. If you access the services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement will be governed in accordance with the laws of the Commonwealth of Massachusetts and any controlling U.S. Federal law. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement (or the services) will be subject to the exclusive jurisdiction of the state and federal courts located in Massachusetts. If any provision is held by a court of competent jurisdiction to be contrary to law, such provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. Stickball will not be liable for any loss or delay resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, war or military hostilities, criminal acts of third-parties, regional technology interruptions, or denial of service attacks. By clicking “Accept” you acknowledge and agree that you accept this Agreement as creating a binding legal contract between you and Stickball.