Licence and
Site Access | Your Account | Reviews,
Comments, Communications, and other Content | Copyright
Complaints |Other
Businesses | Disclaimer of Warranties
and Limitation of Liability | Disputes | Site
Policies, Modification, and Severability | Our
Address | Notice and Procedure for
Making Claims of Copyright Infringement |
Welcome to MattinglyBaseball.com.
MattinglyBaseball.com and its affiliates provide their
services to you subject to the following conditions.
If you visit or shop at MattinglyBaseball.com,
you accept these conditions. Please read them
carefully. In addition, when you use any current or
future MattinglyBaseball.com service (e.g., Your Account,)
or visit or purchase from any business affiliated with.
MattinglyBaseball.com, whether or not included in the
MattinglyBaseball.com Web site, you also will be subject
to the guidelines and conditions applicable to such
service or business. If these conditions are inconsistent
with such guidelines and conditions, such guidelines
and conditions will control.
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LICENSE
AND SITE ACCESS
Mattinglybaseball.com and Mattingly
Hitting Products, Inc. grants you a limited license
to access and make personal use of this site and not
to download (other than page caching) or modify it,
or any portion of it, except with express written consent
of Mattinglybaseball.com and Mattingly Hitting Products,
Inc. This license does not include any resale or commercial
use of this site or its contents; any collection and
use of any product listings, descriptions, or prices;
any derivative use of this 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.
This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express
written consent of Mattinglybaseball.com and Mattingly
Hitting Products, Inc.. You may not frame or utilize
framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text,
page layout, or form) of Mattinglybaseball.com, and
Mattingly Hitting Products, Inc. and our affiliates
without express written consent. You may not use any
meta tags or any other "hidden text" utilizing
Mattinglybaseball.com or Mattingly Hitting Products,
Inc. name or trademarks without the express written
consent of Mattinglybaseball.com and Mattingly Hitting
Products, Inc. . Any unauthorized use terminates the
permission or license granted by Mattinglybaseball.com
and Mattingly Hitting Products, Inc. You are granted
a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of Mattinglybaseball.com
and Mattingly Hitting Products, Inc. a so long as the
link does not portray Mattinglybaseball.com, and Mattingly
Hitting Products, Inc, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Mattinglybaseball.com
OR Mattingly Hitting Products, Inc. logo or other proprietary
graphic or trademark as part of the link without express
written permission.
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YOUR ACCOUNT
If you use this site, you are responsible
for maintaining the confidentiality of your account
and password and for restricting access to your computer,
and you agree to accept responsibility for all activities
that occur under your account or password. Mattinglybaseball.com
or and Mattingly Hitting Products, Inc. does sell products
for children, but it sells them to adults, who can purchase
with a credit card. If you are under 18, you may use
Mattinglybaseball.com only with involvement of a parent
or guardian. Mattinglybaseball.com, Mattingly Hitting
Products, Inc. a and its affiliates reserve the right
to refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
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REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
The site may provide the ability
for visitors to post comments, and other content; send
e-cards and other communications; and submit suggestions,
ideas, comments, questions, or other information. Visitors
may do so, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing
of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist
of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings,
or any form of "spam." You may not use a false
e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of a card or other
content. Mattinglybaseball.com reserves the right (but
not the obligation) to remove or edit such content,
but does not regularly review posted content.
If you do post content or submit material, and unless
we indicate otherwise, you grant Mattinglybaseball.com
and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout
the world in any media. You grant Mattinglybaseball.com
and its affiliates and sublicensees the right to use
the name that you submit in connection with such content,
if they choose. You represent and warrant that you own
or otherwise control all of the rights to the content
that you post; that the content is accurate; that use
of the content you supply does not violate this policy
and will not cause injury to any person or entity; and
that you will indemnify Mattinglybaseball.com or its
affiliates for all claims resulting from content you
supply. Mattinglybaseball.com has the right but not
the obligation to monitor and edit or remove any activity
or content. Mattinglybaseball.com takes no responsibility
and assumes no liability for any content posted by you
or any third party.
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COPYRIGHT
COMPLAINTS
Mattinglybaseball.com and its affiliates
respect the intellectual property of others. If you
believe that your work has been copied in a way that
constitutes copyright infringement, please follow our
Notice and Procedure for Making Claims of Copyright
Infringement below.
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OTHER BUSINESSES
Parties other than Mattinglybaseball.com
and its affiliates operate stores, provide services,
or sell product lines on this site. In addition, we
provide links to the sites of affiliated companies and
certain other businesses. We are not responsible for
examining or evaluating, and we do not warrant the offerings
of, any of these businesses or individuals or the content
of their Web sites. Mattinglybaseball.com and Mattingly
Hitting Products, Inc. adoes not assume any responsibility
or liability for the actions, product, and content of
all these and any other third parties. You should carefully
review their privacy statements and other conditions
of use.
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DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MATTINGLY
HITTING PRODUCTS, INC. ON AN "AS IS" AND "AS
AVAILABLE" BASIS. MATTINGLY HITTING PRODUCTS, INC
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE
OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, MATTINGLY HITTING PRODUCTS, INC DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. MATTINGLYBASEBALL.COM
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM MATTINGLY HITTING PRODUCTS, INC ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. MATTINGLY HITTING
PRODUCTS, INC WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
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DISPUTES
Any dispute relating in any way
to your visit to Mattinglybaseball.com or to products
you purchase through Mattinglybaseball.com shall be
submitted to confidential arbitration in New York, New
York, except that, to the extent you have in any manner
violated or threatened to violate Mattinglybaseball.com's
or Mattingly Hitting Products, Inc.’s intellectual
property rights, Mattinglybaseball.com or Mattingly
Hitting Products, Inc.’s may seek injunctive or
other appropriate relief in any state or federal, and
if requested by Mattingly Hitting Products, Inc. you
consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration
Association in New York, New York.. The arbitrator's
award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under
this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
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SITE POLICIES,
MODIFICATION, AND SEVERABILITY
Please review our other policies,
such as our pricing policy, posted on this site. These
policies also govern your visit to Mattinglybaseball.com.
We reserve the right to make changes to our site, policies,
and these Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability
of any remaining condition.
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OUR ADDRESS
Mattingly Hitting Products, Inc.
PO Box 2423
Shelton, CT 06484
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Notice
and Procedure for Making Claims of Copyright Infringement
If you believe that your work has
been copied in a way that constitutes copyright infringement,
please provide Mattinglybaseball.com's copyright agent
the written information specified below. Please note
that this procedure is exclusively for notifying Mattingly
Hitting Products, Inc. and its affiliates that your
copyrighted material has been infringed.
- An electronic or physical signature
of the person authorized to act on behalf of the owner
of the copyright interest;
- A description of the copyrighted
work that you claim has been infringed upon;
- A description of where the material
that you claim is infringing is located on the site,
including the auction ID number, if applicable;
- Your address, telephone number,
and e-mail address;
- A statement by you that you have
a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
- A statement by you, made under
penalty of perjury, that the above information in
your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's
behalf.
Mattingly Hitting Products,
Inc. Copyright Agent for notice of claims of copyright
infringement on its site can be reached as follows:
Copyright Agent
Mattingly Hitting Products, Inc. Legal Department
2883 Macao Drive
Herndon, VA 20171
phone: (703)-391-1188
fax: (866)-653-4485
e-mail: nblitz@exec-counsel.com
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