Terms of Use
Terms
By accessing forty4 Talks Baseball LLC and its subsidiaries and divisions (collectively, "f4TB", "we" or "our") websites and software applications (collectively, the "Sites"), you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing our Sites. The materials contained in our Sites are protected by applicable copyright and trademark law.
Use License
Permission is granted to temporarily download one copy of the materials on our Sites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials.
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
- Attempt to decompile or reverse engineer any software contained on the Sites.
- Remove any copyright or other proprietary notations from the materials.
- Transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by f4TB at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
f4TB reserves the right to refuse and/or delete any user profile at any time. Reasons for refusal/deletion can include fraudulent postings, attempts to promote another site or service, and the posting of any content not deemed appropriate by f4TB. In the case of deleted content, a refund is not guaranteed.
Disclaimer
The materials on the Sites are provided "as is". f4TB makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, f4TB does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Sites or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall f4TB or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Sites, even if f4TB or a f4TB authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on the Sites could include technical, typographical, or photographic errors. f4TB does not warrant that any of the materials on its Sites are accurate, complete, or current. f4TB may make changes to the materials contained on its Sites at any time without notice. f4TB does not, however, make any commitment to update the materials.
Links
f4TB has not reviewed all the sites linked to and from the Sites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the site by f4TB. Use of any such linked web site is at the user's own risk.
f4TB Terms of Use Modifications
f4TB may revise these Terms of Use for its Sites at any time without notice. By using the Sites, you are agreeing to be bound by the then current version of these Terms of Use.
Governing Law
Any claim relating to f4TB's Sites shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions.
Refund Policy
f4TB has a satisfaction guarantee. If you have met our Terms of Use and are not fully satisfied, please notify us in writing with signature, current and accurate contact information, and account verification at forty4 Talks Baseball LLC, 8343 Highland St, Norfolk, VA 23518 within 30 days of creating your account and we will review your refund request.
Communication through f4TB
You may receive messages, emails, or email notifications corresponding with your activity on or use of the Sites or any other communications service, product, or feature provided on or through the Sites. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. f4TB disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
f4TB may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address. Should you choose to send an email from a third party email client, the person with whom you're communicating may be able to see your email address, rather than the alias. If you send or receive communication on or through the Sites, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites' rules and other f4TB policies, content moderation, and to improve the Sites or any other f4TB product or service.
Company Pages
You understand that f4TB may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize f4TB to claim such Company Page for you on your behalf, and allows you to edit and add information to the Company Page. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page.
f4TB may additionally offer f4TB Company Pages Premium, which includes features accessible only on a subscription basis and may be charged as indicated in an insertion order. f4TB reserves the right to change or remove these features at any time, in f4TB's sole discretion. Additionally, these features may include analytics or other figures, which f4TB does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. You may cancel your participation in f4TB Premium Company Pages Program at any time by notifying f4TB. Such cancellation is generally effective at the beginning of the next calendar month. All Company Pages Premium monthly subscriptions will automatically renew until canceled by you. You are responsible for all taxes as applicable and appropriate.
Governing Law and Dispute Resolution
This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Sites will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement, by and under the laws of the Commonwealth of Virginia, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Norfolk, Virginia.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from f4TB. If you intend to propound discovery seeking user information from forty4 Talks Baseball LLC, you agree to do so pursuant to a valid federal or Virginia request, addressed to and properly served at our registered agent in Virginia at forty4 Talks Baseball LLC, 8343 Highland St, Norfolk, VA 23518. You further agree to submit to the personal jurisdiction of the appropriate Virginia state or federal courts for such discovery proceedings.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Sites or these Terms of Use, if you are located in the United States.
Class Action Waiver
By using the Sites and in return for the services offered by f4TB, you acknowledge that f4TB can only offer you these services under the Terms of Use as presented herein. As partial consideration for your use of the Sites and these services, you agree not to sue f4TB as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against f4TB regarding your use of the Sites. If you do not agree to any part of these terms, do not continue your use of the Sites. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.
Indemnification
You shall indemnify, defend and hold harmless f4TB, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Sites or any f4TB product, program, or service; (c) your loss of, or disclosure of, information gained from using the Sites or any f4TB product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of f4TB products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Sites or any f4TB product, program, or service.