MARUCCISPORTS.COM USER AGREEMENT
Marucci Sports encourages families to take advantage of the activities on its website and hopes that elite players at all levels will choose Marucci Sports products. But just like baseball has rules, our website has rules that must be followed by anyone wanting to use our website. If you are under 18, we require that you review and discuss these rules with your parents:
1. All of the pictures, logos, activities, and other information on our website are for you to enjoy and maybe even learn something new. You can’t sell what you see on our web site use, give it to anyone, or pretend that it belongs to you unless you ask us first and we say its ok.
2. If you write a story, design a bat, or send us your ideas, we may want to use them in our website or in our products. By sending us your ideas and thoughts, you and your parent’s are telling us its ok to use them in any way we want, anywhere, and for as long as we want. Remember, you have to be at least 13 years old to use our website and, even if you are 13 or older, always check with your parents before sending us anything.
3. Our website is about sports and competition. It is not a place to make fun of other kids or teams or to say anything negative. Be positive and keep it clean if you want to contribute something to our website.
Those are some of the basic rules. The details (sometimes called the “fine print”) appear below. PLEASE READ ALL OF THE RULES CAREFULLY BEFORE USING OUR WEBSITE. By using this website, you acknowledge and agree with Marucci Sports, LLC (the “Company”) to be bound by the following terms and conditions governing your use of the website. If you do not agree to be bound by these terms and conditions, you may not use the website.
1. Customer Information. You agree to provide information which is: (i) accurate and not misleading and (ii) free of damaging content, including, without limitation, viruses, bugs, “Trojan Horses”, worms, time bombs, cancelbots or other computer programs that have the purpose or effect of disabling, overburdening, damaging, interfering, altering, intercepting, expropriating or otherwise impacting or affecting the website or computer systems or other users of the website. Should you provide the Company by electronic mail or otherwise with information including feedback data, such as questions, comments, suggestions, such information shall be deemed to be non-confidential and the Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation to the extent permitted by state and federal law. The Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing and marketing services incorporating such information.
2. Technical Difficulties. While the Company endeavors to ensure uninterrupted service, there may be times when, for whatever reason, electronic communication to or from the Company, or access or use of this website is delayed, impaired or impossible (collectively, “Technical Difficulties”). Should you experience any Technical Difficulties promptly contact the Company using the contact information provided below. In no event shall the Company be liable to you for any loss of information, blockages or delays affecting data, information, notifications, purchases, deliveries or any other aspect of the website due to Technical Difficulties.
3. WAIVER OF WARRANTY. NEITHER THE COMPANY NOR ITS AFFILIATED, RELATED OR SUBSIDIARY COMPANIES, NOR ANY OF THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY, SUITABILITY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, CAPABILITY, USEFULNESS OR FITNESS FOR ANY GENERAL OR PARTICULAR PURPOSE OF THE WEBSITE, OR REGARDING THE CHARACTERISTICS OF SERVICES PROVIDED BY OR THROUGH THE WEBSITE, OR REGARDING THE TIMELINESS, ACCURACY OR USEFULNESS OF INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU “AS IS, WHERE IS”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
4. Risk of Loss. You assume and accept all liability and/or risk associated with use of the website. In connection therewith, you will protect, defend, hold harmless and indemnify the Company and its owners, directors, officers, employees, agents, insurers, other customers, contractors, vendors, suppliers and invitees, and those of its subsidiary or affiliated companies, from and against any and all demands, claims, actions, costs, expenses (including, without limitation, legal costs and attorney’s fees to enforce rights arising hereunder) and liabilities (individually, “Claim”, collectively, “Claims”) brought or asserted against the Company by or on behalf of any person or entity whomsoever, which Claims directly or indirectly relate to your use of the website, by whomsoever incurred, regardless of the extent to which, if at all, a Claim may be attributable, in whole or in part, to the breach of contract, negligence, strict liability or other legal fault of the Company, for acts or omissions occurring or conditions existing at any time. The Company shall not be liable to you for any loss of business, opportunity, revenue or profit; loss of reputation or goodwill; cost of money; or for any punitive, special, indirect, incidental or consequential damages of any nature whatsoever arising out of or in connection with your use of the website, by whomsoever incurred and regardless of cause, including whether attributable, in whole or in part, to the breach of contract, negligence, strict liability or other legal fault of the Company in connection with the establishment or operation of the website.
5. Copyrights and Trademarks. This website contains content, names, and graphics which are protected by copyright and trademark laws and are the sole property of the Company or its affiliates. All rights are reserved. The use of any protected property without the express written consent of the Company is prohibited. No content from this site may be copied, modified, uploaded, or distributed in any form or manner without our prior written consent. Any unauthorized use of content from this site which may violate copyright or trademark laws could result in criminal or civil penalties.
6. My Marucci Story/Design A Bat. Portions of this website provide users with an opportunity to post stories about their experiences with Marucci Bats and to provide ideas and designs for bats. The Company does not assume or have any responsibility or liability for any postings or for any claims, damages or losses resulting from their use and/or appearance on this website. You hereby represent and warrant that you have all necessary rights in and to all postings you provide and all information they contain and that such postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize the Company to use, and authorize others to use, your postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, the Company will have the right to use and change the postings in any manner that the Company may determine. Additionally, the Company may refuse to display or delete your postings in its sole discretion. The Company does not allow postings which contain:
- private or personal information which might identify a user
- profanity or obscenities
- personal attacks on other individuals
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that the Company deems in its sole discretion to be inappropriate for this website.
Our website may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although the Company periodically monitors the content posted on this website, we cannot be responsible for the views or opinions expressed by third parties, and those views do not necessarily reflect the views of the Company. The Company reserves the right to refuse to post, edit, or delete any stories, designs, or other content that violate the above-referenced rules, as well as the right to revoke the privileges of users who do not comply with such rules. If you believe that any content on the website (including, without limitation, postings) violates any of the terms of this Agreement please notify us as provided below. The Company reserves the right to take or refrain from taking any or all steps available to it once the Company receives any such message.
7. Contests, Sweepstakes, And Other Activities. The Company provides rules and/or guidelines for certain activities on this website including, without limitation, contests and sweepstakes by the Company or third parties. This Agreement is incorporated by reference to the specific rules which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and the specific rules for a particular activity, the rules of participation for the activity in which you choose to participate shall govern.
8. Changes to Terms and Conditions. The Company reserves the right to change, modify, and supplement the terms and conditions of this Agreement at any time without prior notice. Please read this Legal Notice carefully each time you visit our website. Changes to this Legal Notice will be effective immediately upon the posting of the changes on the website.
9. Dispute Resolution. This Agreement, establishment, operation and use of the website and activities related thereto, are governed by and shall be construed in accordance with the laws of the State of Louisiana, excluding any conflicts of laws principles that may call for the application of the laws of any other jurisdiction. By using this website, or by contracting for or accepting services from the Company through this website, you expressly agree, for yourself and for your successors and assigns, to: (i) submission of all disputes arising out of or in connection with this Agreement to litigation, (ii) without a jury, (iii) in a state or federal court located in Baton Rouge, Louisiana, (iv) waive and not assert in any proceeding that you are not bound to litigate as aforesaid, that you are not subject to the jurisdiction of the state or federal courts of Baton Rouge, Louisiana or that Baton Rouge, Louisiana is an improper or inconvenient location or forum in which to litigate and (v) the entry of any settlement or judgment arising from such litigation in a court of competent jurisdiction for the purpose of enforcing such settlement or making such award executory in that jurisdiction. You are responsible for ensuring that your conduct is at all times in compliance with the laws, rules and regulations applicable to business transactions conducted in your particular location or by persons or entities of your citizenship.
10. Waiver. No course of dealing and no delay by either party in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice its rights, powers or remedies.
11. Severability. If any provision of this Agreement is deemed invalid or unenforceable, then the invalid or unenforceable provision shall be stricken and replaced with a valid and enforceable provision that most closely matches the intent of the original, stricken provision and all other provisions of this Agreement shall be unaffected and remain in full force.
12. Notices. All notices to the Company shall be directed in writing to the attention of Kevin Ainsworth, Esq., Jones Walker, Four United Plaza, Baton Rouge, LA 70809. Technical Difficulties may be reported by calling: 225-291-2552.