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Terms of Use
BY USING THIS WEBSITE AND/OR THE OTHER TED WILLIAMS STRAT LEAGUE ADVANCED MEDIA PRODUCTS, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use this Website and/or the other TWSLM Properties. TWSLM may change the terms of this Agreement at any time, and your use of this Website and/or the other TWSLM Properties after such changes are posted will mean that you accept them.
CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES
This Agreement will be governed by the laws of the State of Wyoming applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Fremont County, Wyoming will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. TWSL will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. TWSLM in its sole discretion may amend this Agreement, and your use of this Website or the other TWSLM Properties after such amendment is posted on this Website will constitute acceptance of it by you. All sections of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms.
TERMINATION
TWSLM may change, suspend or discontinue any aspect of this Website or the other TWSLM Properties at any time, including the availability of any product, Merchandise offering, Ticket offering, Service, feature, database or content. TWSLM may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the TWSLM Properties without notice or liability at any time in TWSLM's exclusive discretion, without prejudice to any legal or equitable remedies available to TWSLM, for any reason or purpose, including, but not limited to, conduct that TWSLM believes violates this Agreement or other policies or guidelines posted on this Website or via other TWSLM Properties or conduct which TWSLM believes is harmful to other customers, to TWSLM's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by TWSLM in its sole discretion. In addition and without prejudice to any other remedy available to TWSLM, TWSLM may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by TWSLM in the TWSLM Properties.
INDEMNIFICATION
You hereby agree to indemnify and hold the TWSL Entities harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of this Website, the other TWSLM Properties, the products, Merchandise, Tickets and/or Services purchased via this Website or the other TWSLM Properties; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the "TWSL Entities" shall mean TWSLM, the Ted Williams Strat League Office of the Commissioner, its Bureaus, Committees, Subcommittees and Councils, Ted Williams Strat League Enterprises, Inc., Ted Williams Strat League Properties, Inc., the Ted Williams Strat League Clubs, and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Ted Williams Strat League Clubs or the Ted Williams Strat League Office of the Commissioner, and the directors, officers, employees and agents of the above entities.
LIMITATIONS ON LIABILITY
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE TWSLM PROPERTIES OR ANY ACT OR FAILURE TO ACT BY TWSLM OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
B. IN NO EVENT SHALL TWSLM BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.
C. IN NO EVENT SHALL TWSLM, ANY OTHER TWSL ENTITY OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE OR OTHER TWSLM PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE, TICKETS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TWSLM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF TWSLM IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF TWSLM, ANY OTHER TWSL ENTITY OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, THE SERVICES OR THE OTHER TWSLM PROPERTIES IS $50.
D. IN NO EVENT SHALL TWSLM OR ANY OTHER TWSL ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER TWSLM PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
DISCLAIMER OF WARRANTIES
A. USE OF THIS WEBSITE, ALL OTHER TWSLM PROPERTIES AND THE PRODUCTS, MERCHANDISE, TICKETS AND SERVICES, INCLUDED HEREIN AND THEREIN, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY TWSLM AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER TWSLM PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO, ALL PRODUCTS, MERCHANDISE, TICKETS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. TWSLM DOES NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER TWSLM PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER TWSLM PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER TWSLM PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER TWSLM PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE ACCURATE OR RELIABLE.
LINKING
This Website and the other TWSLM Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations. Links to and from this Website and/or TWSLM Properties from or to Third Party Sales Locations and other websites or locations maintained by third parties, do not constitute an endorsement by TWSLM or any other TWSL Entity of any such third party website or content. TWSLM is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to the website administrator or Webmaster of the applicable third-party website or location.
VOTES; CONTESTS; SWEEPSTAKES
This Website and other TWSLM Properties may offer you opportunities to vote in connection with certain events including the All-Star Game and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on this Website and/or the other applicable TWSLM Properties applicable to the event as well as the terms of this Agreement.